U.S. Court of Appeals for the Ninth Circuit, 1983

Joseph E. Brodigan and Irving "Ash" Resnick v. W.H. McCormack

U.S. Court of Appeals for the Ninth Circuit · Decided April 25, 1983 · Wright, Canby, Boochever

704 F.2d 1073; 1983 U.S. App. LEXIS 28585 (Federal Reporter, Second Series)

Counsel

David Goldwater, Las Vegas, Nev., for defendant-appellee., J. Walter Park, IV, San Antonio, Tex., for plaintiffs-appellants.

Cases that cite this one

2 later published cases cite this decision.

Ricardo J. Bordallo, Governor of Guam v. Tony Reyes, Taro Kanai, Roberto Olaya, and Carl Peterson (9th Cir. 1985)
Bentley v. Bank of Coronado (In re Crystal Sands Properties) (United States Bankruptcy Appellate Panel of The Ninth Circuit 1988)

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

The notice of appeal filed on April 6,1982 has no effect because there was pending at the time that it was filed a motion for a new trial and, in the alternative, to amend findings of fact and conclusions of law previously submitted to the trial court. No new notice of appeal was filed within the prescribed time measured from the date of the entry of the order disposing of the motion. Fed.R.App.P. 4(a)(4). It is therefore ordered that the appeal be dismissed for lack of jurisdiction. Griggs v. Provident Consumer Discount Company, - U.S. -, 103 S.Ct. 400, 74 L.Ed.2d 225 (1982).

DISMISSED.

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