Opinion · Court of Appeals for the Seventh Circuit
Allen Archery, Inc. v. Precision Shooting Equipment, Inc., and Paul E. Shepley, Jr.
857 F.2d 1176
- Type
- Opinion
- Court
- Court of Appeals for the Seventh Circuit
- Jurisdiction
- Federal
- Date
- 1988-10-13
- Topic
- general
How later courts describe this case
- a “punctilious, literal, and exact compliance with the requirement in Rule 3(c)” is necessary
Citator
UpLaw has not yet analyzed Allen Archery, Inc. v. Precision Shooting Equipment, Inc., and Paul E. Shepley, Jr.. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 40 opinions
- Distinguished
- 1 times
ALLEN ARCHERY v. PRECISION SHOOTING EQUIP.,857 F.2d 1176(7th Cir. 1988)
ALLEN ARCHERY, INC., PLAINTIFF-APPELLEE, v. PRECISION SHOOTING EQUIPMENT,
INC., AND PAUL E. SHEPLEY, JR., DEFENDANTS-APPELLANTS.
No. 88-1119.
United States Court of Appeals, Seventh Circuit.
Submitted September 7, 1988.
Decided September 29, 1988.
Rehearing En Banc Denied October 13, 1988.
D.A.N. Chase, Linde Thomson Langworthy Kohn Van Dyke, P.C., Overland Park, Kan., F. Daniel Welsch, Welsch Hall, Danville, Ill., for plaintiff-appellee.
Before POSNER, RIPPLE and MANION, Circuit Judges.
[2] It shows no such thing. It shows only that both defendants were liable on the bond. The reference to "its appeal" — not "their appeal" — is perfectly consistent with the notice of appeal, which gave notice only of the appeal by the neuter defendant — the "it" — the company. Even under the regime that existed beforeTorres,the regime under which in many circuits, including this one, failure to name each appellant forfeited that party's right to appeal only if there was a danger that the appellee might have been misled by the omission, seeHays v. Sony Corp.,847 F.2d 412,414(7th Cir. 1988), the failure to name Shepley would have been fatal. SeeG.E. Smith Associates,Page 1177Inc. Otis Elevator Co.,608 F.2d 126(5th Cir. 1979) (per curiam). InTorresitself, the use of "et al." in the body of the notice was held insufficient to preserve the right to appeal of a party who was not explicitly named in the notice though he was within the class of "alii" (others) denominated by "et al."
[3] Precision and Shepley appeal to the statement inTorresthat "if a litigant files papers in a fashion that is technically at variance with the letter of a procedural rule, a court may nonetheless find that the litigant has complied with the rule if the litigant's action is the functional equivalent of what the rule requires."108 S.Ct. at 2408-09. But the statement, insofar as it pertains to Rule 3(c), is designed for the case where the litigant fails to file a notice of appeal, but files another paper that is its functional equivalent. It is not designed for the case — this case andTorres— where the litigant has filed a notice of appeal and failed to name all the appellants. A defective notice of appeal is not the functional equivalent of a notice of appeal.
[4]Torreschanged the law in this circuit. It requires us to insist on punctilious, literal, and exact compliance with the requirement in Rule 3(c) that the notice of appeal (or its functional equivalent, if but only if no notice of appeal is filed) "shall specify the party or parties taking the appeal." The appellant must be named in the notice of appeal: naming him in the caption, or in collateral documents such as a supersedeas bond, will not do. Shepley was properly dismissed.Page 790