Robert C. Newson v. First Alabama Bank of Huntsville, N. A.

U.S. Court of Appeals for the First Circuit June 19, 1979

Robert C. Newson v. First Alabama Bank of Huntsville, N. A., 604 F.2d 316 (1st Cir. 1979)

1979 U.S. App. LEXIS 13863

Goldberg, Per Curiam, Roney, Tjo-Flat

Opinion

ON PETITION FOR REHEARING

PER CURIAM:

We dismissed the appeal in this case «because we thought it was not filed within the time period proscribed by rule 4(a) of the Federal Rules of Appellate Procedure. As appellant points out, we failed to note that September 4, 1978, the day on which the filing period would have ended, was a legal holiday. When this happens, the party receives an additional day in which to file. See Fed.R.Civ.P. 6(a). Appellant filed on September 5, 1978. Thus, his appeal was timely filed. Accordingly, we grant the petition for rehearing and reinstate the appeal.

ORDER DISMISSING APPEAL VACATED and APPEAL REINSTATED.

Reference

Full Case Name: Robert C. NEWSON, Plaintiff-Appellant, v. FIRST ALABAMA BANK OF HUNTSVILLE, N. A., Defendant-Appellee
Cited By: 1 case
Status: Published