United Artists Corp. & L.P.A.A., Marcello Danon v. La Cage Aux Folles, Inc.

I concur in the result reached in Judge Hall’s opinion. Indeed, if we had jurisdiction, I could agree with it entirely. I respectfully dissent, however, from the holding that we have appellate jurisdiction over Danon’s appeal under an equitable exception to rule 4(a)(5), Fed.R.App.P. I would find no appellate jurisdiction over the appeal from the first order for lack of timeliness, but I would affirm Judge Marshall’s *1272order on the rule 60(b), Fed.R.Civ.P., motion for reconsideration.

I

Rule 4(a)(1), Fed.R.App.P., provides that appeals may be taken by nongovernmental parties in civil actions only…