U.S. Court of Appeals for the Eighth Circuit, 2001

Luanna Wells v. Lamson & Sessions

Luanna Wells v. Lamson & Sessions
U.S. Court of Appeals for the Eighth Circuit · Decided February 14, 2001 · Arnold, Bye, Hansen, Morris, Per Curiam, Sheppard
2 F. App'x 641

Luanna Wells v. Lamson & Sessions

Opinion

PER CURIAM.

Luanna Wells appeals following the district court’s adverse grants of summary judgment in her civil lawsuit. Thirty-four days following entry of final judgment, Wells moved the district court for an extension of time to file an appeal. She was therefore required to provide notice of her motion to the opposing parties. See Fed. R.App. P. 4(a)(5)(B). Because she failed to do so, the district court lacked authority to grant the motion and Wells’s ensuing notice of appeal was untimely. See Hable v. Pairolero, 915 F.2d 394, 394-95 (8th Cir. 1990) (district court lacked jurisdiction to order extension where party filed motion more than 30 days after judgment and failed to notify opposing parties; filing requirements for appeals are mandatory and jurisdictional).

Accordingly, the appeal is dismissed.

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