Big Top Koolers, Inc. v. Circus-Man Snacks, Inc.

COX, Circuit Judge:

I. OVERVIEW

This appeal is from the district court’s denial of a Fed.R.Civ.P. 60(b) motion for relief from judgment filed by Plaintiffs Big Top Koolers, Inc. and Nicholas C. Brienza (collectively “Big Top”). The motion asserts that Big Top’s counsel did not receive notice of a final order entered by the court, and thus did not timely ask for rehearing or file a notice of appeal. We find no reversible error in denial of the motion for two reasons. First, the time for filing notice of appeal had not expired. And, second, Rule 60(b) no longer provides a basis to extend the time…