Mildred C. Trivette v. New York Life Insurance Company
Cases that cite this one
12 later published cases cite this decision. The 11 that cite it most often are listed here.
- Douglas E. Baker v. Larry Raulie (6th Cir. 1989)
- Alice Chathas and Byron Ellis v. Norbert Smith, Individually and as Chief of Police of Village of Evergreen Park (7th Cir. 1988)
- Durr v. Nicholson (Fed. Cir. 2005)
- Guy v. Lexington-Fayette Urban County Government (6th Cir. 2003)
- Grant Anderson v. District of Columbia (D.C. Cir. 1995)
- International Union, United Automobile, Aerospace & Agricultural Implement Workers Of America v. United Screw & Bolt Corporation (6th Cir. 1991)
- International Union, United Automobile, Aerospace & Agricultural Implement Workers v. United Screw & Bolt Corp. (6th Cir. 1991)
- United States v. Charles R. Waters (6th Cir. 1988)
- Matthew Freeman v. George Petsock, Lt. Smith, Commissioner of Corrections, Glenn R. Jeffes, Lt. Smith (3d Cir. 1987)
- Glen Graves v. General Insurance Corporation (10th Cir. 1967)
- Richland Knox Mutual Insurance v. Kallen (6th Cir. 1967)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Rule 73(b), Rules of Civil Procedure, 28 U.S.C.A., provides that the notice of appeal from a District Court to the Court of Appeals “shall name the court to which the appeal is taken.” Appellant filed a motion in this Court on June 24, 1959, for permission to correct the notice of appeal filed in this action in the United States District Court on March 17, 1959, by changing the words “Federal District Court of Appeals for the Sixth Circuit” to “United States Court of Appeals for the Sixth Circuit at Cincinnati, Ohio” alleging that the misnomer of the United States Court of Appeals for the Sixth Circuit in the notice of appeal was caused by clerical misprision in transcribing the notice.
An appeal from a District Court to the Court of Appeals is taken by filing with the District Court a notice of appeal. The Court of Appeals has no jurisdiction to grant an appeal from a judgment of the District Court or to amend the notice of appeal. Rule 73(a), Rules of Civil Procedure; Taylor v. Squier, 9 Cir., 183 F.2d 67; Donovan v. Esso Shipping Co., 3 Cir., 259 F.2d 65, 68; Railway Express Agency, Inc. v. Epperson, 8 Cir., 240 F.2d 189, 192. Whether the notice of appeal as originally filed is a valid appeal can be raised by a motion by the appellee to dismiss the appeal. Glenn v. American Surety Co., 6 Cir., 160 F.2d 977, 979. The appellee has not done so in this case, but has called the Court’s attention to the fact that if the Court regards the notice of appeal as being insufficient, it can at any time, with or without motion, itself raise the jurisdictional question. This Court has accordingly considered the question of jurisdiction on its own initiative. Chicago, B. & Q. R. Co. v. Willard, 220 U.S. 413, 419-421, 31 S.Ct. 460, 55 L.Ed. 521.
On the basis of the following cases, we are of the opinion that jurisdiction exists. State Farm Mutual Automobile Insurance Co. v. Palmer, 9 Cir., 225 F.2d 876, reversed 350 U.S. 944, 76 S.Ct. 321, 100 L.Ed. 823; Nolan v. *200 Bailey, 7 Cir., 254 F.2d 638, 639; Gunther v. E. I. duPont de Nemours & Co., 4 Cir., 255 F.2d 710, 717; Railway Express Agency, Inc. v. Epperson, 8 Cir., supra, 240 F.2d 189, 192; Donovan v. Esso Shipping Co., supra, 3 Cir., 259 F.2d 65, 68; United States v. Best, 1 Cir., 212 F.2d 743, note 1, at page 744; Grivas v. Parmelee Transp. Co., 7 Cir., 207 F.2d 334, 336, certiorari denied 347 U.S. 913, 74 S.Ct. 477, 98 L.Ed. 1069.
Motion to correct the notice of appeal is overruled.
Appellant’s motion that time for filing brief and appendix be extended to August 15, 1959, is sustained.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.