Background
Plaintiff TC Hulett, Jr. sued various defendants in the District of Kansas. The district court entered judgment against Mr. Hulett on November twenty-six, two thousand and twenty-five. In this civil case, the time to appeal was thirty days, requiring a notice of appeal by December twenty-six, two thousand and twenty-five. Mr. Hulett did not file his notice of appeal until January twenty-six, two thousand and twenty-six. He had previously sought relief from the untimely filing in the district court under Federal Rule of Appellate Procedure four, subsection A, paragraph five, and Rule four, subsection A, paragraph six, but the district court denied the request.
The court’s reasoning
The court noted its independent duty to examine its own jurisdiction. It found that under Federal Rule of Appellate Procedure four, subsection A, paragraph one, a notice of appeal must be filed within thirty days after entry of judgment. The court cited Bowles versus Russell, stating that the time limit is mandatory and jurisdictional. The court concluded that because the deadline had run, it was without jurisdiction under the facts of the case.
A timely notice of appeal is both mandatory and jurisdictional.
Allender v. Raytheon Aircraft Co., 439 F.3d 1236, 1239 (10th Cir. 2006)
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of the underlying civil case or the district court’s denial of relief from the untimely filing.