Opinion · Supreme Court of the United States

Smith v. Barry

502 U.S. 244

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1992-01-14
Topic
litigation

How later courts describe this case

  • holding that a brief may serve as notice of appeal only when otherwise complies with the requirements of the Federal Rules
  • holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal
  • concluding that appellant’s attempt to appeal to Supreme Court did not destroy jurisdiction in court of appeals
  • holding that “a document intended to serve as an appellate brief [filed within the time specified by Appellate Rule 4 and containing the information required by Appellate Rule 3] may qualify as the notice of appeal”
  • holding that appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance
  • holding that the notice afforded by a document determines its sufficiency as a notice of appeal
  • holding that document filed within appeal period and containing information required by Fed. R.App. P. 3(c), is functional equivalent of notice of appeal
  • holding that informal brief qualifies as formal notice of appeal when requirements of Fed. R.App. P. 3 are met

Citator

UpLaw has not yet analyzed Smith v. Barry. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
953 opinions

Headnotes

  1. Civil Procedure — Notice of Appeal A document intended to serve as an appellate brief may qualify as the notice of appeal required by Federal Rule of Appellate Procedure 3, provided it is filed within the time allowed by Rule 4 and satisfies Rule 3(c)'s content requirements. 502 U.S. 244, 247-248
  2. Civil Procedure — Construction of Rules The requirements of Rule 3 are to be liberally construed, so that papers technically at variance with the rule's letter may nonetheless be found compliant if the litigant's action is the functional equivalent of what the rule requires; however, this principle does not excuse compliance, because Rule 3's dictates are jurisdictional and noncompliance is fatal to an appeal. 502 U.S. 244, 248
  3. Civil Procedure — Notice of Appeal The sufficiency of a document as a notice of appeal is determined by the notice it affords other parties and the courts, not by the litigant's motivation in filing it; if a document filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal. 502 U.S. 244, 248-249
  4. Civil Procedure — Notice of Appeal The fact that the Federal Rules envision the notice of appeal and the appellant's brief as two separate filings does not preclude an appellate court from treating a filing styled as a brief as a notice of appeal if the filing is timely under Rule 4 and conveys the information required by Rule 3(c). 502 U.S. 244, 249
  5. Civil Procedure — Jurisdictional Requirements Proper briefing is not a jurisdictional requirement under the Federal Rules of Appellate Procedure; failure of an appellant to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal. 502 U.S. 244, 249
  6. Civil Procedure — Filing of Notice of Appeal A notice of appeal mistakenly filed with the court of appeals rather than the district court is deemed filed in the district court on the day it was received by the court of appeals. 502 U.S. 244, 249