Caperton v. Beatrice Pocahontas Coal Co.
Caperton v. Beatrice Pocahontas Coal Co.
Opinion of the Court
Four actions for damages were filed in the district court against Beatrice Pocahontas Coal Company (“Beatrice”), Virginia Pocahontas Coal Company (“Virginia Pocahontas”), and one of their common corporate “parents,” Island Creek Coal Company (“Island Creek”),
By an “Opinion and Order” dated September 29, 1976, the cases were dismissed for “lack of subject matter jurisdiction.”
On October 3, 1976, plaintiffs served the defendants with a “Petition for Relief From Mistake in Judgment.” Invoking the “terms and conditions of Rule 60(b)(l)(2),” the motion asked the court to amend the September 29 order to dismiss only Beatrice and Virginia Pocahontas for lack of diversity, retaining Island Creek, Republic Steel Corporation, and Jones & Laughlin Steel Company as parties defendant. The justification advanced for the request was that “apparently the Court neglected to remember” that it had earlier allowed the addition of Republic Steel and Jones & Laughlin as .defendants; that in view of the “ultra [sic] ego concept” of the relationship between Beatrice and Virginia Pocahontas, on the one hand, and Republic Steel, Jones & Laughlin, and Island Creek on the other, Beatrice and Virginia Pocahontas were not “essential parties” to the action; and that the case should thus continue as to the three “parent” defendants, none of whom are Virginia citizens. The petition was denied without comment by order of December 9, 1976.
By motion filed more than thirty days later on January 17, 1977, plaintiffs asked the district judge to extend the time for filing notices of appeal to this court. The extension was granted “for a period of 20 days from January 9,1977,” and on January 26, appeals were filed in all four cases (1) “as to the question of the jurisdiction of the United States District Court upon diversity,” and (2) “upon [the] Order in the Petition for Relief From Mistake in Judgment.” The defendants thereafter moved this court to dismiss the appeals on the ground that they were not filed in accordance with Rule
THE MOTION TO DISMISS THE APPEALS
The defendants challenge the right of the plaintiffs to appeal from the September judgment of dismissal for lack of subject matter jurisdiction, as well as from the December order denying the “Petition for Relief From Mistake in Judgment.”
As to the September judgment, the defendants argue that the plaintiffs waited too long to file notices of appeal to this court, and that we therefore lack jurisdiction to review the district court’s conclusion that Beatrice and Virginia Pocahontas are citizens of Virginia for diversity purposes.
With respect to the December denial of the “Petition for Relief From Mistake in Judgment,” the defendants concede its ap-pealable nature, but argue that, absent notice to them in advance, the district court had no authority under Rule 4(a) to grant the extension of time during which the notices of appeal from the order were filed.
In their briefs and oral arguments, the plaintiffs and the defendants have repeatedly asserted that the order of dismissal for lack of jurisdiction was “entered” in the district court on September 29, 1976. Precise identification of the date on which an order or judgment was entered is necessary whenever the timeliness of an appeal to this court is in issue, since the time for filing a notice of appeal under Rule 4(a) begins to run only upon “entry” of a judgment order
The record in these cases reveals that the dismissals for lack of jurisdiction were never “entered” within the definitive meaning of that term. Contrary to the assertions of the parties, September 29, 1976, is the date on which the opinion explaining the dismissals was filed; not the date on which separate documents reflect
“9-30-76 Opinion and Order dated 9-29-76 dismissing these four cases for lack of subject matter jurisdiction. CIV. O. B. # 33, p. 18. Certified copies hereof mailed to counsel of record.”
That this notation refers to the district court’s ten-page opinion,
Accordingly, there is no merit in the defendants’ contention that under Rule 4(a) the plaintiffs delayed too long to file appeals from the dismissals for lack of jurisdiction, since the time for taking appeals had never commenced to run. The same can be said for the appeals from the denial of the “Petition for Relief From Mistake in Judgment.” Even though an order denying the Petition was “entered” in the Rule 58 sense of the word,
While the absence of properly-entered judgments disposes of the charge that the appeals were untimely filed, it raises the further question of whether we may consider the merits of the appeals without first requiring that the plaintiffs obtain judgments which formally comply with Rule 58. Relying upon language in the case of United States v. Indrelunas, supra, to the effect that a judgment is not appealable until it has been entered in accordance with Rule 58, some circuits have held that the proper entry of judgment is essential to appellate jurisdiction and that an appeal from a judgment which has not been set forth in a separate document must be dismissed so •that the appealing party may return to district court, secure a judgment which conforms with Rule 58, and prosecute the appeal anew.
In Mallis the Court disavowed the language of Indrelunas which some courts had interpreted to mean that the entry of judgment on a separate document was an absolute prerequisite to the exercise of appellate jurisdiction, and observed that “the sole purpose of the separate document requirement, which was added to Rule 58 in 1963, was to clarify when the time for appeal * * * begins to run.” 435 U.S. at 385, 98 S.Ct. at 1120.
“The separate document requirement was thus intended to avoid the inequities that were inherent when a party appealed from a document or docket entry that appeared to be a final judgment of the District Court only to have the Appellate Court announce later that an earlier document or entry had been the judgment and dismiss the appeal as untimely. The 1963 amendment to Rule 58 made clear that a party need not file a notice of appeal until a separate judgment has been filed and entered.” Id.
The Court noted, however, that although no separate judgment has been entered, in many cases where an appeal has already been filed, it would be pointless to require an appellant to return to the district court to obtain a separate document as a prerequisite to entertaining the appeal.
“Certainty as to timeliness * * * is not advanced by holding that appellate jurisdiction does not exist absent a separate judgment. If, by error, a separate judgment is not filed before a party appeals, nothing but delay would flow from requiring the Court of Appeals to dismiss the appeal. Upon dismissal, the District Court would simply file and enter the separate judgment, from which a timely appeal would then be taken. Wheels would spin for no practical purpose.” Id.
Citing Professor Moore’s admonition that the separate judgment rule “should be interpreted to prevent loss of the right of appeal, not to facilitate loss,” 9 Moore’s Federal Practice 1110.08[2], at 119-120, the Court held that the parties “should be deemed to have waived the separate judgment requirement” and that “the Court of Appeals properly assumed appellate jurisdiction” to review a final judgment where (1) “the District Court clearly evidenced its
In our opinion, the appeals in these cases from the dismissals for lack of jurisdiction meet the criteria established in Mallis. The district court’s direction that “these four cases are dismissed for lack of subject matter jurisdiction,” 420 F.Supp. at 451, together with its action upon the “Petition for Relief From Mistake in Judgment” and its purported extension of the time to appeal, convince us that the district judge viewed the dismissals as final, and appealable orders. Though not set forth in separate documents, the dismissals were reflected in the docket entries of September 30,1976, p. 12, supra. Finally, as heretofore noted, the defendants challenge these appeals only upon the grounds of untimeliness. At no time did they raise an objection based upon the absence of separate judgments. Accordingly, we will consider the merits of the appeals from the dismissals without requiring that the plaintiffs return to district court to obtain judgments which comply with Rule 58.
The appeals from the denial of the “Petition for Relief From Mistake in Judgment” do not pose a similar question, since the order denying the requested amendment of the judgments was entered as prescribed in Rule 58. See n.19, supra.
THE DISMISSALS FOR LACK OF DIVERSITY JURISDICTION
Although we accept jurisdiction to review the dismissals, we do not find that the district count’s findings of fact were clearly erroneous or that it misapplied the pertinent law. For the reasons advanced by the district court, 420 F.Supp. at 447-451, we affirm the conclusions that Beatrice and Virginia Pocahontas had their principal places of business in the State of Virginia, that it would be inappropriate to attribute to either of these defendants the corporate citizenships of its shareholders, and that diversity of citizenship does not exist between the plaintiffs and Beatrice or Virginia Pocahontas.
THE DENIAL OF THE “PETITION FOR RELIEF FROM MISTAKE IN JUDGMENT”
We view the “Petition for Relief From Mistake in Judgment” as a request by the plaintiffs that the district court (1) reopen the judgments of dismissal for lack of jurisdiction; (2) reinstate the complaints; (3) dismiss Beatrice and Virginia Pocahontas as parties defendant on the basis that neither is an indispensable defendant within the meaning of Rule 19, Fed.R.Civ.P.;
On the appeals from the denial of relief requested in the “Petition”, the central issues would appear to be whether or not Beatrice and Virginia Pocahontas were indispensable parties under the criteria set forth in Rule 19,
As a lagniappe, however, we note that even had Beatrice and Virginia Pocahontas been dismissed, it would appear that under Virginia law the “parent corporations” could not have been held liable for the injuries of which the plaintiffs complain. See Garrett v. Ancarrow Marine, Inc., 211 Va. 755, 180 S.E.2d 668 (1971); Washington & O. D. U. Ass’n v. Washington & Old Dom. R, 208 Va. 120,155 S.E.2d 322 (1967); Lewis Trucking Corp. v. Commonwealth, 207 Va. 23, 147 S.E.2d 747 (1966); Beale v. Kappa Alpha Order, 192 Va. 382, 64 S.E.2d 789 (1951).
AFFIRMED.
. Beatrice was alleged to be a “joint venture” between Island Creek and Republic Steel Corporation, each of which owned 50% of its stock. Virginia Pocahontas was alleged to be a “joint venture” between Island Creek and Jones & Laughlin Steel Company; its stock
. 28 U.S.C. § 1332 provides in pertinent part: (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and is between—
(1) citizens of different States;
******
(c) For the purpose of this section * *, a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business: * * *.
. The Virginia citizenship of the plaintiffs for diversity purposes was not in issue.
. See n. 1, supra.
. The “Opinion and Order” is reported as Ca-perton v. Pocahontas, 420 F.Supp. 445 (W.D. Va. 1976).
. It is settled that the failure to timely file a notice of appeal deprives this court of jurisdiction to review the judgment or order with which the appealing party is dissatisfied. See Browder v. Director, 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978); Morin v. United States, 522 F.2d 8, 9 (4 Cir. 1975); Notes of Advisory Committee, Rule 3, Fed.R.App.P.
. Rule 4(a) requires that the notice of appeal in a civil case be filed within 30 days of the entry of the judgment from which the appeal is taken. However, where entry of judgment is followed within 10 days by service of a motion under Civil Rule 59(e) to alter or amend the judgment, the 30-day period in which to file an appeal from the judgment begins to run on the date when an order disposing of the motion is entered. Upon a showing of “excusable neglect,” the trial court may grant a party additional time to appeal, not to exceed 30 days measured from the date on which the filing period would otherwise have ended.
Treating September 29 as the date on which the dismissals were entered, the parties here recognize that, although in substance qualifying as a Rule 59(e) motion, the plaintiffs’ “Petition” would have to have been served on October 12 (allowing for a weekend and a holiday) rather than October 13 in order to be timely under Rule 59(e) and to toll the running of the filing period. Since it was not, they agree that the plaintiffs had only until October 29 (the 30th day following September 29) to perfect appeals from the dismissals, and that the notices filed three months later during the court-granted extension of time were ineffective because the extension exceeded the maximum allowable extension under Rule 4(a).
. Rule 4(a) provides that if a request for extension of the time to file is made after the initial 30-day period has expired, “it shall be made by motion with such notice as the court shall deem appropriate.” In their rebuttal brief, the defendants maintain that the provision for notice also means that they should have been granted an opportunity to be heard in opposition to the plaintiffs’ request for an extension.
. The parties seem to agree that if the extension was validly granted under the Rule, then the appeals from the December order were timely filed since the order was entered December 9, the initial 30-day filing period ended on January 8, and the extension from January 9, within which the filings were made, did not exceed 30 days.
. Rule 4(a) provides that “the notice of appeal * * * shall be filed * * * within 30 days of the date of the entry of the judgment or order appealed from.” Where a timely post-judgment motion under Civil Rule 59(e) has been filed, the 30-day period is to be computed “from the entry” of the order granting or denying Rule 59(e) relief. Even the question of whether the Rule 59(e) motion is timely (and therefore capable of tolling the appeal period) depends upon when “entry” of the judgment occurred. Rule 59(e) provides that such a motion is timely only if served “not later than 10 days after entry of the judgment.” See n. 7, supra.
. See United States v. Indrelunas, 411 U.S. 216, 93 S.Ct. 1562, 36 L.Ed.2d 202 (1973) (decided under the predecessor to Rule 4(a)); Superior Life Insurance Company v. United States, 462 F.2d 945 (4 Cir. 1972).
. “Judgment” as used in Rule 58 includes any order, such as one dismissing a case for lack of jurisdiction, from which an appeal lies. See Rule 54(a), Fed.R.Civ.P. Where the judgment is one of dismissal for want of jurisdiction, it would seem to be the province of the district clerk to draft the separate document, unless the court otherwise directs. See 6A Moore’s Federal Practice 58.04[4.-2], pp. 58-163 thru 164 (Second Ed. 1974).
. Rule 79(a), Fed.R.Civ.P., directs that the district clerk shall briefly and chronologically note on the folio assigned to each action the nature of each paper which is filed in the action, as well as the substance of each order or judgment of the court.
. Rule 4(a) tracks former Rule 73(a), Fed.R. Civ.P.
. See Notes of Advisory Committee, Rule 58, Fed.R.Civ.P., 1963 Amendment, which state that one of the primary purposes for so defining “entry” was to eliminate uncertainties as to when the time for taking an appeal begins to run. See also Bankers Trust Company v. Mal-lis, 435 U.S. 381, 98 S.Ct. 1117, 55 L.Ed.2d 357 (1978).
. The opinion bears the notation “DATED: This 29 Day of September, 1976” immediately above the district judge’s signature, and on its face is stamped “FILED Sep 29 1976.” For a discussion on the distinctions between rendition, filing, and entry of judgment, see 6A Moore’s Federal Practice fl 58.02 (Second Ed. 1974).
. See n. 5, supra.
. See Cloyd v. Richardson, 510 F.2d 485 (6 Cir. 1975); Baity v. Ciccone, 507 F.2d 717 (8 Cir. 1974); State National Bank v. United States, 488 F.2d 890 (5 Cir. 1974). Cf. Superior Life Insurance Company v. United States, 462 F.2d 945 (4 Cir. 1972).
. The order denying the requested relief was summarily set forth on a single paper, and a notation reflecting the order was made on the docket sheets on December 9, 1976.
. To hold otherwise would create the anomaly that the time to appeal the rejection of the proposed amendment to the judgment would run out prior to the expiration of the time to appeal from the judgment itself, with the result that the disappointed party would be required to file two notices of appeal, one from the judgment and another from the rejection of his objections to the judgment. Were he to timely file an appeal from only the judgment, he would run the risk that the rejection of his primary objections to the judgment, reflected in the motion to amend, might be treated as unreviewable on appeal by reason of his failure to appeal from the denial of the amendment. The rules reflect a clear purpose to avoid perplexing problems of this kind. See Notes of the Advisory Committee, n. 15, supra.
. A party may, by motion, request that the district judge enter judgment on a separate document. See State National Bank v. United States, 488 F.2d 890 (5 Cir. 1974).
. See the cases cited in Bankers Trust v. Mallis, 435 U.S. 381, 1119 n.2, 98 S.Ct. 1117, 55 L.Ed.2d 357 (March 28, 1978).
. Rule 19, of course, in terms addresses the question of whether a party should be joined; it does not expressly authorize the dismissal of a party whose presence is not essential to the litigation. The trial court’s authority to permit the dismissal of a party is derived from either Rule 21, Fed.R.Civ.P., Misjoinder and Non-Join-der of Parties, or Rule 15, Amended and Supplemental Pleadings. Ralli-Coney, Inc. v. Gates, 528 F.2d 572, 575 (5 Cir. 1976) (Rule 21); Kerr v. Compagnie De Ultramar, 250 F.2d 860, 864 (2 Cir. 1958) (Rule 15); Weaver v. Marcus, 165 F.2d 862, 864 (4 Cir. 1948) (Rule 21); O’Neal v. National Cylinder Gas Co., 103 F.Supp. 720, 723-4 (N.D.Ill. 1952) (Rule 21). Rule 19 is relevant to the determination whether dismissal is appropriate under either Rule 21 or Rule 15, since, for the reasons stated in the cases next cited in the text, Rule 19 supplies the definition of “indispensable party” to be employed by the trial court in ruling on such a motion.
. See Judge Craven’s opinion in Virginia Electric & Power Co. v. Westinghouse Electric Corp., 485 F.2d 78, 85-86 (4 Cir. 1973), where these criteria are set forth and applied in the face of the contention that joinder of a non-diverse party was compulsory.
. Boles v. Greeneville Housing Authority, 468 F.2d 476 (6 Cir. 1972); Calcote v. Texas Pac. Coal & Oil Co., 157 F.2d 216 (5 Cir. 1946), cert. denied 329 U.S. 782, 67 S.Ct. 205, 91 L.Ed. 671 (1946); Brown v. Christman, 75 U.S.App.D.C. 203, 126 F.2d 625 (1942). Cf. Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 88 S.Ct. 733, 19 L.Ed.2d 936 (1968).
Reference
- Full Case Name
- Gladys CAPERTON as representative of a class of property owners having more than $10,000 damage living in Buchanan County, Virginia, in the areas adjacent to the Beatrice & Virginia Pocahontas Shaft Mines Numbers 1-5 which damage is alleged to exist and have been caused by the mining operations of the v. BEATRICE POCAHONTAS COAL COMPANY and/or Virginia Pocahontas Coal Company and/or Island Creek Coal Company, Jones & Laughlin Steel Company, Republic Steel Corporation, Appellees Harold T. POWERS and Kathy Jo Powers, his wife v. BEATRICE POCAHONTAS COMPANY, Jones & Laughlin Steel Company, Republic Steel Corporation, Appellees Harry FERRELL and Florene P. Ferrell v. BEATRICE POCAHONTAS COMPANY and/or Virginia Pocahontas Company, and/or Island Creek Coal Company, Jones & Laughlin Steel Company, Republic Steel Corporation, Appellees Ira Cunningham MUTTER v. BEATRICE POCAHONTAS COMPANY and/or Virginia Pocahontas Company and/or Island Creek Coal Company, Jones & Laughlin Steel Company, Republic Steel Corporation
- Cited By
- 98 cases
- Status
- Published