Opinion · Court of Appeals for the Fifth Circuit

Gulf-Tampa Drydock Company v. The Vessel Virginia Trader, Her Engines, Etc., and American Trading and Production Company

Gulf-Tampa Drydock Co. v. Vessel Va. Trader, Her Engines, Etc., & Am. Trading & Prod. Co., 435 F.2d 150 (5th Cir. 1970)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1970-12-22
Topic
general

PER CURIAM: Summary judgment in favor of Gulf-Tampa Drydock Company was entered by the trial court on December 1, 1969. Pursuant to Rule 4, Federal Rules of Appellate Procedure, if appellants wished to file notice of appeal, they had to do so within thirty days of entry of summary judgment, unless the time was tolled by the timely filing of a motion for rehearing under Rule 59, Federal Rules of Civil Procedure. It appears that such motion, in this case, was not filed until December 12, 1969. It is fundamental that the time requirement within which an appeal must be taken is mandatory and jurisdictional. See Knowles v.

Citator

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Cited by
13 opinions