Flynn v. Ohio Building Restoration, Inc.
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and was briefed and argued by counsel. The court has accorded the issues full consideration and has determined that they do not warrant a published opinion. See D.C.Cir. Rule 36(b). It is
ORDERED and ADJUDGED that the appeal be dismissed.
Appellants’ one and only notice of appeal was filed on June 2, 2004 — after the district court’s May 7, 2004 summary judgment order, but before damages were calculated and final judgment was entered. Federal Rule of Appellate Procedure 4(a)(2), which addresses premature notices of appeal, provides that “[a] notice of appeal filed after the court announces a decision or order — but before the entry of the judgment or order — is treated as filed on the date of and after the entry.” See FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269, 276, 111 S.Ct. 648, 112 L.Ed.2d 743 (1991). The rule does not save all premature appeals, but only those from decisions “that would be appealable if immediately followed by the entry of judgment.” Id.; see Outlaw v. Airtech Air Conditioning & Heating, Inc., 412 F.3d 156,161 (D.C.Cir. 2005).
The summary judgment order from which Ohio Building Restoration and Ex
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after the disposition of any timely petition for rehearing or petition for rehearing en banc. See Fed. R.App. P. 41(b); D.C.Cir. Rule 41(a)(1).
Reference
- Full Case Name
- John FLYNN v. OHIO BUILDING RESTORATION, INC. and Exact Construction Services, Inc.
- Cited By
- 1 case
- Status
- Published