Emery H. Harlan, Dba East Bay Appliance Sales & Service Co. v. Graybar Electric Co., Inc.

The threshold question, the answer to which is dispositive of this appeal, is whether the facts set out in the affidavits supporting plaintiff-appellant’s motion in the District Court to file, out of time, a notice of appeal from the civil judgment entered against him show “excusable neglect” within the meaning of Fed.R.App.P. 4(a).

We agree with the District Court that they do not.

Notice to appellant’s counsel of the entry of the judgment constituted notice to appellant; hence, he may not assert that he did not know and therefore that his failure to act was “excusable.” Howard v. Local 74,…