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Posted: June 23, 2014

Rule Requiring Timely Filing of Notice of Appeal Strictly Enforced

On June 18, 2014, the Second Circuit issued a decision in Martinez v. O’Leary, Docket No. 13-2967, showing once again that failure timely to file a notice of appeal is fatal to an appeal.

In Martinez, the Second Circuit dismissed an appeal from the EDNY, reaffirming the strictness of the rules regarding timely filing a notice of appeal. As it explained:

Filing deadlines are mandatory and jurisdictional. If an appellant does not file a timely notice of appeal, this Court lacks jurisdiction to hear the appeal.

Here, the judgment was entered¬†Wednesday, July 3, 2013. Therefore, the notice of appeal had to be¬†filed no later than Friday, August 2, 2013. In fact, the notice of appeal was not filed until Saturday, August 3, 2013 — 31 days after the district court judgment was entered.

(Internal citations and quotations omitted). One day late. And a weekend day at that. But as this decision shows, the rule is clear and the courts enforce it strictly.

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