Chester Logan D/B/A a H & a Distributing A/K/A Hussien Ali v. Central Freight Lines

Appellees John Cade and Ben Sifuentes have filed a motion to dismiss the appeal on the ground that appellant’s notice of appeal was untimely. Judgment was signed on June 6, 1988, and entered on June 7, 1988; the notice of appeal, hence, was due to be filed by the thirtieth day from June 7, 1988, which was July 7, 1988. See United States v. Doyle, 854 F.2d 771, 772 (1988). However, the clerk did not receive the notice until July 12, 1988. The notice states, “RESPECTFULLY submitted this 7th day of July 1988, on which date a copy hereof was mailed to counsel of record for the defendants.”

The…