An appeal can be lost before it is ever filed. The U.S. circuit courts have shown that they take seriously the Federal Rules of Appellate Procedure’s 30-day limitation to file an appeal. As recent decisions illustrate, failing to take a timely appeal will result in its dismissal.
Second Circuit
In Communications Network International v. MCI WorldCom Communications (2d Cir. Jan. 24, 2013), CNI appealed various adverse rulings of the U.S. Bankruptcy Court to the district court. In the district court, CNI’s counsel had moved for admission pro hac vice (which was granted), but that motion listed a different email address than the one he had previously registered with the ECF clerk. Because he had not updated his email address with the ECF clerk, CNI’s counsel did not receive electronic notice of the district court’s affirmance of the Bankruptcy Court’s rulings by memorandum decision on Sept. 14, 2010, or the judgment that it entered on Sept. 24, 2010. As a result, CNI did not appeal these decisions until the 30-day window to do so had expired, and also did not move to enlarge its time to appeal under Fed. R. App. P. 4(a)(5).
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