Monday, March 12, 2018

Orr v. Plumb (9th Cir. - March 12, 2018)

Don't wait for the district court to enter a final judgment on a separate document.  Just go ahead and appeal.  Early appeals are fine. Whereas late appeals can kill you.

That's the basic message behind today's Ninth Circuit opinion.  Appellant thought that the jury's answers on a special verdict didn't start the clock ticking for the appeal, and waited instead for the district court to enter a formal "judgment" on a separate document.  As the district court was surely required to do (but didn't).

That was a mistake.  The return of the special verdict was subject to immediate appeal since it ended the case.  Waiting more than 150 days thereafter killed you.

Sorry 'bout that.