Lisa Demaree v. John Krause
Court of Appeals for the Ninth Circuit
1Dissent
N.R. SMITH, Circuit Judge,
dissenting on jurisdiction and the timeliness of the-appeal.1
The Plaintiffs failed to file their notice of appeal within thirty days of the judgment, thus we have no jurisdiction or authority over this appeal. In order to overcome this barrier; the majority concludes that a “lodged” document has “filed” status, allowing the Plaintiffs more time to file the notice of appeal. There is no support for that position. We have no authority to hear this case.
The district court entered summary judgment on April 23, 2014. From that date, the- Demarees’ time to either file a…
2Cases cited9 opinions
- Maria Escobedo v. Apple American GroupCourt of Appeals for the Ninth Circuit · 2015
- Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
- Klemm v. AstrueCourt of Appeals for the Ninth Circuit · 2008
- Barcamerica International USA Trust v. Tyfield Importers, Inc.Court of Appeals for the Ninth Circuit · 2002
- Nicholson v. Hyannis Air Service, Inc.Court of Appeals for the Ninth Circuit · 2009
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