Gail W. Davidson v. Sun Exploration & Production Co.

Once again, the express terms of Federal Rule of Appellate Procedure 4(a)(4), as interpreted by us in Harcon Barge Co. v. D & G Boat Rentals, Inc., 1 require that we treat as ineffective a notice of appeal filed while a motion for a mistrial or new trial, albeit on only one issue in the case, was pending. That notice of appeal was a nullity, and no other notice was filed. We therefore lack jurisdiction and must dismiss the appeal.

This is the sequence of events:

January 5, 1988: The district court entered final judgment on all claims.

January 12, 1988: Gail W. Davidson, the plaintiff-appellant,…