Legal Opinion

Michelle La Nette Nunley v. City of Los Angeles

Court of Appeals for the Ninth Circuit

Decided April 6, 1995No. 93-56110, 93-56166PublishedCited by 114 opinions

1Opinion of the Court

DAVID ALAN EZRA, District Judge:

This appeal from a district judge’s denial of an extension of time to file notice of appeal raises questions of first impression concerning the interpretation of Federal Rule of Appellate Procedure 4(a)(6). Rule 4(a)(6) provides for an extension of time upon a showing that the would-be appellant did not receive notice of the entry of judgment and that no other party would be prejudiced by the extension. We hold that a specific factual denial of receipt of notice rebuts the presumption of receipt, which is to be given no further weight. We also hold that Rule…

2Cases cited10 opinions

Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
Rosenthal v. WalkerSupreme Court of the United States · 1884
In Re the YODER COMPANY, Debtor. Mark S. BRATTON, Plaintiff-Appellant, v. the YODER COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1985
Lois Anderson v. United StatesCourt of Appeals for the Ninth Circuit · 1992
United States v. Jose Rodrigo Vasquez, United States of America v. Gustavo Arias GomezCourt of Appeals for the Ninth Circuit · 1988

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

3Cited by114 opinions

United States v. WithersCourt of Appeals for the Ninth Circuit · 2010
McCann v. Newman Irrevocable TrustCourt of Appeals for the Third Circuit · 2006
Karla SCHIKORE, Plaintiff-Appellee-Cross-Appellant, v. BANKAMERICA SUPPLEMENTAL RETIREMENT PLAN, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Ninth Circuit · 2001
Bass v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 2000
Randy GREENAWALT, Petitioner-Appellant, v. Terry L. STEWART, Et Al., Respondents-AppelleesCourt of Appeals for the Ninth Circuit · 1997

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