Appeal Timely When Motion Timely, Even Though Order Signed Late

The appellant filed its motion for appeal timely, but forgot to attach to the motion a form of an order granting the appeal. By the time the omission was corrected and the order signed, the deadline for appeal had passed. Nonetheless, the Second Circuit refused to dismiss the appeal. "[W]hen a timely filed order of appeal is not signed during the delay period, this is not a fault or defect imputable to the appellant, and the appeal should not be dismissed when the motion for appeal is timely filed, but the order is not signed until after the delay has run.... [W]e ... hold that the inadvertent failure to attach an order to the motion for appeal herein will not defeat appellant’s right to appellate review." Lifecare Hospitals, Inc. v. B&W Quality Growers, Inc., No. 39,065-CA (La. App. 2 Cir. 7/8/04).

Posted by RPW at July 14, 2004 01:26 PM