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Thursday, September 06, 2007

Appeal Dismissed. The Second Circuit dismissed an appeal where the appellant filed the appeal within 30 days of a corrected judgment, but not within 30 days of the original judgment. Because the corrected judgment did not alter the substantive rights of the parties affected by the first judgment, the time of appeal runs from the time of the first judgment. In this case, a law clerk had purportedly told the appellants' attorneys that an appeal would lie from the second judgment, which the appellate argued required the "exceptional circumstances" doctrine to apply. The Court, however, noted that the "exceptional circumstances" doctrine had been abrogated by the Suprme Court and that parties should not be seeking legal advice from judges or judicial staff.

The decision in In re American Safety Indemnity Co. (American Safety Indemnity Co. v. Official Committee of Unsecured Creditors) can be found here.

Comments:
Wow. Try explaining THAT to your client.

Perhaps the appellant waiting on the correction because it was afraid an appeal from the original order would strip the court of jurisdiction to correct it?
 
Brutal.
 
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