Richard Trent Ann Trent v. Princess Cruises, Inc.
Opinion
Opinion
50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard TRENT; Ann Trent, Plaintiffs-Appellants, v. PRINCESS CRUISES, INC., Defendant-Appellee. No. 93-56454. United States Court of Appeals, Ninth Circuit. Submitted March 6, 1995. * Decided March 9, 1995. Before: WALLACE, Chief Judge, HUG and HAWKINS, Circuit Judges. MEMORANDUM 1 The Trents appeal from the district court's summary judgment in favor of Princess Cruises and the district court's refusal to vacate the summary judgment pursuant to Federal Rule of Civil Procedure 60. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm. 2 We "have an independent duty to decide whether we have jurisdiction." Fuller v. M.G. Jewelry, 950 F.2d 1437, 1441 (9th Cir.1991). The question is whether the October 7, 1993, notice of appeal was timely. The October 7 notice of appeal was within the 30-day time period for appealing from the entry of the district court's order denying the Trents' Rule 60 motion. It was not…