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
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 a brief may serve as notice of appeal only when otherwise complies with the requirements of the Federal Rules | 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 appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance | 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 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 appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance | 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 the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal | holding that informal brief qualifies as formal notice of appeal when requirements of Fed. R.App. P. 3 are met | holding that appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance | holding that appellate brief may serve as functional equivalent of notice of appeal provided it otherwise complies with rules governing proper timing and substance | holding that a docketing statement and an attachment sufficiently augmented a defective notice of appeal | holding that appellate brief may serve as functional equivalent of notice of appeal provided it otherwise complies with rules governing proper timing and substance | holding that appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance | holding that informal brief qualifies as formal notice of appeal when requirements of Fed. R.App. P. 3 are met | holding that appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance | holding that an appellate brief could substitute as a notice of appeal if it provides notice required by Rule 3(c) | holding that "a document intended to serve as an appellate brief may qualify as the notice of appeal” | holding that “an appellate brief may qualify as the notice of appeal required by Rule 3” | holding that appellate brief may serve as notice of appeal only if it otherwise complies with rules governing proper timing and substance | holding that appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance | concluding that appellant’s attempt to appeal to Supreme Court did not destroy jurisdiction in court of appeals | holding that appellate brief may serve as notice of appeal provided it otherwise complies with rules governing proper timing and substance | holding that appellate brief may serve as functional equivalent of notice
Citator
- Cited by
- 477 opinions
O'CONNOR, J., delivered the opinion of the Court, in which REHNQUIST, C.J., and WHITE, BLACKMUN, STEVENS, KENNEDY, SOUTER, and THOMAS, W.,Page 245joined. SCALIA, J., filed an opinion concurring in the judgment.
The District Court dismissed Dr. Barry as a defendant on the ground that he did not act under color of state law when treating Smith, and therefore was not subject to suit under § 1983. App. 5-6. The case proceeded to trial in 1988, following appointment of counsel. After Smith presented his case in chief, the District Court directed a verdict for the prison administrators and officers on Smith's wheelchairPage 246claim, and for the administrators and three officers on his excessive force claim. The jury ultimately rejected Smith's excessive force claim against the four remaining officers. However, it found that the staff psychologists were deliberately indifferent to Smith's medical needs, and awarded $15,000 in damages.
The two psychologists filed a timely motion for judgment notwithstanding the verdict (J.N.O.V.). Without consulting his attorney, and while the motion for J.N.O.V. was pending, Smith filed a notice of appeal. Smith's trial counsel learned of the notice of appeal after the District Court denied the psychologists' motion. In a letter dated April 21, 1988, he wrote Smith:
"I am certain from the circumstances that [the notice of appeal] is premature, and thus void.
". . . The Order denying the Motion for J.N.O.V. was entered April 13, 1988. This would give you up until May 13, 1988, before you must file an appeal. I would urge you to take by (sic) advice and not file an appeal, or at least seek a second legal opinion on the matter." App. 17.
Smith's notice of appeal was, in fact, invalid under Federal Rule of Appellate Procedure4(a)(4), which provides that a notice of appeal filed before the disposition of a timely J.N.O.V. motion is without effect. Although the Fourth Circuit's jurisdiction had not been properly invoked, its Clerk responded to the notice of appeal by sending all of the parties copies of the "informal brief" the court uses inpro seappeals and an order explaining the court's procedures. The briefing forms asked the parties to answer six questions about their legal positions. Under its rules, the Fourth Circuit reviews these responses and the record to determine whether appointment of counsel and/or oral argument are warranted.SeeFed. Proc. Rules Service, Court of Appeals, Fourth Circuit, Rule 34(b). Smith returned his informalPage 247brief to the Court of Appeals on May 4, 1988, within the deadline for filing a notice of appeal.
After appointment of appellate counsel, the Fourth Circuit dismissed Smith's appeal for want of jurisdiction. It held that Smith's notice of appeal was untimely, and that his informal brief was not "the `functional equivalent'" of the notice of appeal Rule 3 requires.Smith v. Galley,919 F.2d 893,895(1990) (quotingTorres v. Oakland Scavenger Co.,487 U.S. 312,317(1988)). The court reasoned that Smith filed the informal brief in response to a briefing order, and that the Federal Rules envision that the notice of appeal and the appellate brief will be two separate documents.919 F.2d, at 895-896. In a footnote, the court listed specific omissions that might render Smith's informal brief inadequate as a notice of appeal.Id., at 896, n. 7. Given its conclusion that a brief can never be considered a notice of appeal, however, the Fourth Circuit expressed no opinion on the significance of these omissions.Ibid.
We granted certiorari,501 U.S. 1249(1991), to decide whether an appellate brief may serve as the notice of appeal required by Rule 3. This question has divided the Courts of Appeals.Compare Smith v.Galley, supra; United States v. Cooper,876 F.2d 1192,1196(CA5 1989) (appellate brief cannot substitute for notice of appeal);Jurgens v.McKasy,905 F.2d 382,385, n. 4 (CA Fed. 1990) (same),with Frace v.Russell,341 F.2d 901,903(CA3) (treating brief as notice of appeal),cert. denied,382 U.S. 863(1965);Allah v. Superior Court of State ofCalifornia,871 F.2d 887,889-890(CA9 1989) (same);Finch v. Vernon,845 F.2d 256,259-260(CA11 1988) (same).
Courts will liberally construe the requirements of Rule 3.SeeTorres, supra, at 316;Foman v. Davis,371 U.S. 178,181-182(1962). Thus, when papers are "technically at variance with the letter of [Rule 3], 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."Torres, supra, at 316-317. This principle of liberal construction does not, however, excuse compliance with the rule. Rule 3's dictates are jurisdictional in nature, and their satisfaction is a prerequisite to appellate review.Torres, supra. Although courts should construe Rule 3 liberally when determining whether it has been complied with, noncompliance is fatal to an appeal.
In this case, the Court of Appeals recognized that it was required to determine whether Smith's brief was the "functional equivalent" of the formal notice of appeal demanded by Rule 3,919 F.2d, at 895, but it erred in applying that standard. The court reasoned that, because Smith filed his informal brief in response to a briefing order, "the document was not the result of Smith's intent to initiate an appeal."Id., at 895-896. This logic is dubious, since Smith received the briefing form as a result of filing a notice of appeal, albeit a premature one.
More importantly, the court should not have relied on Smith's reasons for filing the brief. While a notice of appeal must specifically indicate the litigant's intent to seek appellate review,see Foman,supra, at 181;Torres,487 U.S., at 317-318, the purpose of this requirement is to ensure that the filing provides sufficient notice to other parties and the courts.See id., at 318. Thus, the notice afforded by a document, not the litigant's motivation in filing it, determines the document's sufficiency as a notice of appeal. If a documentPage 249filed within the time specified by Rule 4 gives the notice required by Rule 3, it is effective as a notice of appeal.
The Fourth Circuit's other ground for dismissing Smith's appeal is also insufficient. The Federal Rules do envision that the notice of appeal and the appellant's brief will be two separate filings.CompareFed. Rule App. Proc.3(c) (content of notice of appeal)withFed. Rule App. Proc.28(a) (content of appellant's brief). They do not preclude an appellate court from treating a filing styled as a brief as a notice of appeal, however, if the filing is timely under Rule 4 and conveys the information required by Rule 3(c). Such treatment is, in fact, appropriate underTorresand under Rule 3(c)'s provision that "[a]n appeal shall not be dismissed for informality of form or title of the notice of appeal."
Having accepted a paper as the notice of appeal required by Rule 3, an appellate court might require timely filing of a second document meeting its standards for a brief or, if the paper meets those standards, take such other action as it deems appropriate to ensure that the filing sequence contemplated by the Rules is not disturbed.See, e.g., Fed. Rule App. Proc.10(b) (time for ordering transcripts for inclusion in the record on appeal); Fed. Rule App. Proc.31(a) (briefing schedule). Proper briefing is not, however, a jurisdictional requirement under the Federal Rules of Appellate Procedure.SeeFed. Rule App. Proc.3(a) ("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 . . .").
Respondents make the point that Smith filed his brief with the Court of Appeals, whereas Rule 3(a) directs litigants to file their notices of appeal with district courts. The Rules themselves answer this argument. Rule 4(a)(1) sets out a transmittal procedure to be followed when the notice of appeal is mistakenly filed with an appellate court, and provides that a misfiled notice "shall be deemed filed in the district court" on the day it was received by the court of appeals.Page 250
Finally, respondents argue that Smith's brief is not an adequate notice of appeal because it lacks information required by Rule 3(c). Having held that an informal brief can never substitute for a formal notice of appeal, the Court of Appeals declined to reach this question.919 F.2d, at 896, n. 7. On remand, it should undertake the appropriate analysis.See, e.g., Foman, supra; Torres, supra.
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.It so ordered.