Legal Opinion

American Security Bank, N. A. v. John Y. Harrison Realty, Inc., and Walter T. Charlton

Court of Appeals for the D.C. Circuit

Decided January 12, 1982No. 80-2326PublishedCited by 18 opinions

1Opinion of the Court

MIKVA, Circuit Judge:

This case presents a narrow procedural problem concerning the kinds of motions that toll the running of the 30-day period within which litigants in the district court must notice their appeals. See Fed.R. App.P. 4. This court and others previously have made it clear that a motion to reconsider a motion for a new trial is not itself a motion for a new trial, and is therefore insufficient to toll the running of the time period in which to file a notice of appeal. Since the timeliness of the notice of appeal is jurisdictional, we are not permitted to review the merits of the…

2Cases cited7 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  3. Brian Atwood Wansor v. George Hantscho Co., Inc. v. W. R. Bean & Son, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1978
  4. Boaz v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1944
  5. Marten v. HessCourt of Appeals for the Sixth Circuit · 1949

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Allan G. Charles v. Richard M. Daley, State's Attorney, and Eugene F. Diamond, InterveningCourt of Appeals for the Seventh Circuit · 1986
  2. Turner v. EversCourt of Appeals for the Third Circuit · 1984
  3. Gleb Glinka v. Maytag CorporationCourt of Appeals for the Second Circuit · 1996
  4. Carter v. Cathedral Avenue Cooperative, Inc.District of Columbia Court of Appeals · 1987
  5. Greater Houston Chapter of the American Civil Liberties Union v. Robert EckelsCourt of Appeals for the Fifth Circuit · 1985

13 more not listed; retrieve them via the Exa API.

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