Ellis v. Delta Air Lines, Inc.

REAVLEY, Circuit Judge:

Delta Air Lines attempts to appeal the judgment in favor of Mary Ellis. We conclude that we have no jurisdiction because there was no timely notice of appeal.

I

Final judgment in this case was entered on May 27, 1987 and docketed the next day. Ellis then timely filed a motion for a new trial under Fed.R.Civ.P. 59. Included within that filing was a letter to the district judge’s clerk asking the clerk to withhold presenting the motion pending a possible stipulation between Ellis and Delta.

Delta sent Ellis an agreement to the stipulation at about the same time that the new…