Legal Opinion
Daniel Diamond, by His Mother Justine Diamond v. Floretta McKenzie
Court of Appeals for the D.C. Circuit
Decided August 20, 1985No. 85-5205PublishedCited by 37 opinions
1Per curiam
This case presents recurring issues on the applicability and operation of Rule 58, Fed.R.Civ.P. That provision of the Federal Rules requires that every judgment, in order to enjoy legal effect, be set forth on a “separate document.” We hold that Rule 58’s mechanical test, as elucidated by the United States Supreme Court, was not satisfied by the District Court’s order in this case. We further hold that the present appeal is timely, and we therefore discharge the order to show cause previously entered sua sponte by the court. We set forth our reasoning and conclusions on this procedural…
2Cases cited14 opinions
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- United States v. IndrelunasSupreme Court of the United States · 1973
- Sebastian Scola v. Boat Frances, R., Inc.Court of Appeals for the First Circuit · 1980
- Caperton v. Beatrice Pocahontas Coal Co.Court of Appeals for the Fourth Circuit · 1978
- Bruce Hanson and Irene C. Hanson v. Town of Flower MoundCourt of Appeals for the Fifth Circuit · 1982
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3Cited by37 opinions
- Yates v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2003
- Robert L. Glidden v. Chromalloy American Corporation and Allied Products CorporationCourt of Appeals for the Seventh Circuit · 1986
- Robert Franklin v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1999
- Center for Nuclear Responsibility, Inc. v. United States Nuclear Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1986
- Bankr. L. Rep. P 72,300 in Re San Juan Hotel Corporation, Debtor. Hans Lopez-Stubbe v. Hector Rodriguez-EstradaCourt of Appeals for the First Circuit · 1988
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