Legal Opinion · Dissent
Schneider v. County of San Diego
Court of Appeals for the Ninth Circuit
Decided June 23, 2004No. 02-57034Published
1DissentO’Scannlain, Circuit Judge
OSCANNLAIN, Circuit Judge.
On December 3, 2002, Louis Schneider filed a notice of appeal challenging the district court’s September 10th denial of his attorneys’ fees. Because this was well beyond the 30-day deadline established by Federal Rule of Appellate Procedure 4(a)(1)(A), I believe that we do not have jurisdiction to consider the legal merits of that judgment, and I must respectfully dissent from the majority’s conclusion to the contrary.
I
The district court’s second amended judgment, filed on September 10th, explicitly declined to award attorneys’ fees to either party — Schneider…
2Cases cited11 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Marc Feldman v. Allstate Insurance Company Vicki WeedCourt of Appeals for the Ninth Circuit · 2003
- Sam Title, AKA Sam Teitelman v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Schnabel v. LuiCourt of Appeals for the Ninth Circuit · 2002
- Mt. Graham Red Squirrel v. MadiganCourt of Appeals for the Ninth Circuit · 1992
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