Legal Opinion

Roland Collard, and Mark Oakes, Bruce Oakes, Russell Parks, and Dale Larson v. United States

Court of Appeals for the Tenth Circuit

Decided November 23, 1993No. 92-4089PublishedCited by 23 opinions

1Opinion of the Court

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-appellant Collard appeals the district court’s Fed.R.Civ.P. 41(b) dismissal for failure to prosecute and its denial of a new trial and amended judgment, Fed.R.Civ.P. *71959. Plaintiff argues that the trial court abused its discretion in granting the motion to dismiss because Plaintiff failed to personally appear at trial. Because we conclude that the notice of appeal was not timely, we must dismiss for lack1 of jurisdiction.

Background

Judgment in this ease was entered on January 8, 1992. Sua sponte, the trial court entered an amended judgment solely to award…

2Cases cited11 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  3. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  4. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
  5. Buchanan v. Stanships, Inc.Supreme Court of the United States · 1988

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

3Cited by23 opinions

  1. Brumark Corp. v. Samson Resources Corp.Court of Appeals for the Tenth Circuit · 1995
  2. Weitz v. Lovelace Health System, Inc.Court of Appeals for the Tenth Circuit · 2000
  3. United States ex rel. Familian Northwest, Inc. v. RG & B Contractors, Inc.Court of Appeals for the Ninth Circuit · 1994
  4. Estate of Sisk v. ManzanaresDistrict Court, D. Kansas · 2003
  5. Progressive Indus., Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2018

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

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