Anderson v. United States
Opinion of the Court
ORDER
The United States moves to dismiss Robert B. Anderson, Ill’s appeal of the judgment in Anderson v. United States, 59 Fed.Cl. 451 (2004), as untimely. Anderson opposes.
On February 17, 2004, the United States Court of Federal Claims entered its final judgment dismissing Anderson’s complaint. The trial court denied Anderson’s motion for reconsideration on March 3, 2004. On April 21, 2004, the Court of Federal Claims granted Anderson’s request for an extension of time to appeal the judgment, stating: “Any notice of appeal filed in this case must be received by the Clerk’s Office of the United States Court of Federal Claims on or before May 28, 2004.” Anderson states that although he received trial court’s order granting his extension of time in April, he waited until May 27, 2004, one day before the due date, to mail his notice of appeal, anticipating that it would be delivered the next day. The Court of Federal Claims received the notice of appeal on June 1, 2004.
Accordingly,
IT IS ORDERED THAT:
(1) The United States’ motion to dismiss is granted.
(2) Each side shall bear its own costs.
Reference
- Full Case Name
- Robert B. ANDERSON, III v. UNITED STATES
- Cited By
- 1 case
- Status
- Published