Legal Opinion

Robert B. Hardy v. St. Paul Fire & Marine Insurance Company

Court of Appeals for the Fifth Circuit

Decided July 25, 1979No. 78-3515PublishedCited by 5 opinions

1Per curiam

This appeal must be dismissed for lack of jurisdiction because it appears from the record that appellants failed to file a timely notice of appeal.

On September 27, 1978 the district court entered a final judgment dismissing the complaint without prejudice to plaintiffs’ right to seek relief in a proper forum.

On October 3, 1978 plaintiffs filed a Motion for Relief from Judgment seeking “relief on grounds provided under Rule 60(b), Federal Rules of Civil Procedure.” The single ground asserted was that the “judgment was entered due to the excusable neglect of the parties and their legal…

2Cases cited5 opinions

  1. Tyrone SILAS, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1978
  2. Pearl O. Meadows v. Wilbur J. Cohen, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1969
  3. Paul D. Edwards v. Phil H. Joyner, Investigator, Dekalb County Police Dept.Court of Appeals for the Fifth Circuit · 1978
  4. Cole v. TuttleCourt of Appeals for the Fifth Circuit · 1976
  5. Gulf-Tampa Drydock Company v. The Vessel Virginia Trader, Her Engines, Etc., and American Trading and Production CompanyCourt of Appeals for the Fifth Circuit · 1970

3Cited by5 opinions

  1. Rayford v. Pryor, Jr. v. U.S. Postal ServiceCourt of Appeals for the Fifth Circuit · 1985
  2. Jose L. Beliz, Cross-Appellees v. W.H. McLeod & Sons Packing Company, Cross-Appellant, Waldo GalanCourt of Appeals for the Fifth Circuit · 1985
  3. United States v. Keith W. Atkinson, an Individual, and St. Paul Fire and Marine Ins. Co.Court of Appeals for the Federal Circuit · 1984
  4. Velma Portis v. Harris County, TexasCourt of Appeals for the Fifth Circuit · 1980
  5. Diliberti v. United StatesUnited States Court of Claims · 1984

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