Legal Opinion
Celia Wyzik v. The Employee Benefit Plan of Crane Co., Stephen R. Frey, Plan Administrator
Court of Appeals for the First Circuit
Decided December 11, 1981No. 81-1418PublishedCited by 30 opinions
1Per curiam
The notice of appeal in this case was filed one day late under Rule 4(a)(1), F.R.A.P. 1 This court cannot extend the time for filing, and the time to move for an extension from the district court, 512 F.Supp. 1222, has also passed. Rule 4(a)(5), F.R.A.P. 2
Under the predecessor of present Rule 4(a), courts were generally willing to treat a tardy notice of appeal as the substantial equivalent of a motion to extend the time for filing on the ground of excusable neglect. Sanchez v. Dallas Morning Néws, 543 F.2d 556 (5th Cir. 1976); Stirling v. Chemical Bank, 511 F.2d 1030 (2d Cir. 1975). In…
2Cases cited8 opinions
- Sebastian Scola v. Boat Frances, R., Inc.Court of Appeals for the First Circuit · 1980
- Alejandro Sanchez v. Board of Regents of Texas Southern UniversityCourt of Appeals for the Fifth Circuit · 1980
- Stirling v. Chemical BankCourt of Appeals for the Second Circuit · 1975
- Ronald Reynolds v. Hunt Oil CompanyCourt of Appeals for the Fifth Circuit · 1981
- Home Federal Savings and Loan Association of Chicago v. Republic Insurance CompanyCourt of Appeals for the Seventh Circuit · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Rayford v. Pryor, Jr. v. U.S. Postal ServiceCourt of Appeals for the Fifth Circuit · 1985
- Douglas E. Baker v. Larry RaulieCourt of Appeals for the Sixth Circuit · 1989
- Shah v. HuttoCourt of Appeals for the Fourth Circuit · 1983
- Ralph Pryor v. R.C. Marshall, Sup't.Court of Appeals for the Sixth Circuit · 1983
- Mel Cyrak, as Trustee for Steve King, and L.M. Smith v. Stan Lemon, Ray Kramer, and R.H. WeberCourt of Appeals for the Fifth Circuit · 1990
25 more not listed; retrieve them via the Exa API.