Jeffrey L. Sprout and Holly Renee Sprout v. Farmers Insurance Exchange, a California Corporation

The Sprouts appeal from a district court order of July 8, 1980, granting summary judgment against them. Their attorney prepared a notice of appeal late in the afternoon of August 7, 1980, the last day on which appeal could be taken under Fed.R.App.P. 4(a)(1), and sent his secretary to the district court clerk’s office to file it. She arrived shortly after the clerk’s office closed at 4:00 p. m. The notice of appeal was not filed until August 8,1980 — one day late.

The Sprouts filed a timely motion for extension of time in which to appeal pursuant to Fed.R.App.P. 4(a)(5). The district court granted the motion and ordered the notice of appeal filed. Defendant Farmers Insurance Exchange contends the district court erred and moved this court to dismiss the appeal as untimely. We entered an order denying the motion. Defendant filed a motion for reconsideration.

Since the Sprouts sought an extension after the original 30 day period for appeal had ended, the extension could be granted only upon “a showing of excusable neglect or good cause.” Fed.R.App.P. 4(a)(5).

The standard for determining excusable neglect is “a ‘strict’ one.” Selph v. Council of the City of Los Angeles, 593 F.2d…