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Denial of Motion for Filing Extension Past Rule 4 Deadline Affirmed

By FindLaw Staff | Last updated on

Ultimate Appliance CC v. Kirby Co., No. 09-3297, dealt with a district court's denial of plaintiff's motion for a filing extension holding that it had no authority to grant filing extension once the Rule 4 deadline had expired.

Under Fed. Rule of Appellate Proc. 4, a notice of appeal must be filed within 30 days after the judgment or order appealed from is entered, but a party may move for a filing extension within thirty days of the expiration of the initial time period.  Also, a recent decision by the Supreme Court in Bowels v. Russell held that a petitioner's failure to file a notice of appeal in accordance with the statute deprived the court of appeals of jurisdiction. 

Thus, the court affirmed the district court's decision that it lacked authority to grant the plaintiff's untimely motion. 

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