Alamo Chemical Transportation Co. v. M/V Overseas Valdes

JERRE S. WILLIAMS, Circuit Judge:

Appellant, Firestone Tire & Rubber Co. (“Firestone”), failed to file this appeal within thirty days after the district court entered judgment because, and only because, its counsel had relied on the clerk of court to give notice of the entry of judgment and no such notice was received by counsel. Consequently, counsel did not learn of the judgment until the time for appeal had expired. Because the notice of appeal was filed too late, we dismiss the appeal.

This case is controlled by our en banc decision in Wilson v. The Atwood Group, 725 F.2d 255 (5th…