H.T. Truett, Sr. v. Johns-Manville Sales Corp.

On October 18, 1983, the district court entered an order of summary judgment in favor of appellees. On December 8, 1983, fifty-one days after the entry of final judgment, appellant filed an untimely notice of appeal together with a motion for extension of time for appeal. Finding excusable neglect warranting an extension of time, the district court granted the motion ex parte. Appellees now move this court to dismiss the appeal as untimely on the ground that appellant did not comply with the requirements of Fed.R.App.P. 4(a)(5) by failing to notify them of the motion for extension.

Fed.R.App.P.…