Great American Insurance Company, a Corporation v. George S. Rush, Individually and D/B/A Rush Engineers

GODBOLD, Chief Judge:

The district court’s judgment in this civil case was entered December 10, 1981. On December 21 appellant served on the parties a post-judgment motion under F.R. Civ.P. 59, but this motion was not filed with the district court until December 23, two days later. The motion was denied that day. Appellant then filed its notice of appeal January 20, 1982.

Appellee moves to dismiss the appeal, contending that the notice of appeal was untimely, having been filed more than 30 days after the entry of judgment, see FRAP 4(a)(2), and contending that the time for filing the notice of…