Joseph E. Brodigan and Irving "Ash" Resnick v. W.H. McCormack

Ninth Circuit

Joseph E. Brodigan and Irving "Ash" Resnick v. W.H. McCormack

704 F.2d 1073, 1983 U.S. App. LEXIS 28585

Court of Appeals for the Ninth Circuit·Decided April 25, 1983·No. 82-5370·Published·Cited by 3 cases

Opinion

The notice of appeal filed on April 6,1982 has no effect because there was pending at the time that it was filed a motion for a new trial and, in the alternative, to amend findings of fact and conclusions of law previously submitted to the trial court. No new notice of appeal was filed within the prescribed time measured from the date of the entry of the order disposing of the motion. Fed.R.App.P. 4(a)(4). It is therefore ordered that the appeal be dismissed for lack of jurisdiction. Griggs v. Provident Consumer Discount Company, - U.S. -, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982).

DISMISSED.

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The notice of appeal filed on April 6,1982 has no effect because there was pending at the time that it was filed a motion for a new trial and, in the alternative, to amend findings of fact and conclusions of law previously submitted to the trial court. No new notice of appeal was filed within the prescribed time measured from the date of the entry of the order disposing of the motion. Fed.R.App.P. 4(a)(4). It is therefore ordered that the appeal be dismissed for lack of jurisdiction. Griggs v. Provident Consumer Discount Company, - U.S. -, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982).

DISMISSED.

Joseph E. Brodigan and Irving "Ash" Resnick v. W.H. McCormack, 704 F.2d 1073, 1983 U.S. App. LEXIS 28585 (9th Cir. 1983).

Pincite

704 F.2d 1073 (Joseph E. Brodigan and Irving "Ash" Resnick v. W.H. McCormack) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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