The U.S. Supreme Court’s 5-4 ruling last week in Bowles v. Russell contains an important reminder for lawyers who handle appeals before the intermediate federal appellate courts: If an appeal is not filed within the time provided by federal statute, the appeal cannot be heard and decided on the merits.
In other words, the time for appeal set forth in the governing federal statutes is jurisdictional, meaning that unless an appeal is taken within the time allowed, a federal appellate court will be unable to issue a ruling on the merits of the case no matter how compelling the excuse for missing the deadline happens to be.
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