Alameda

Alameda v. Paraffine Companies, Inc.

Good Law
169 F.2d 408·1948 U.S. App. LEXIS 2218
United States Court of Appeals for the Ninth CircuitJuly 8, 1948No. 11960California539 words

Opinion

Lead Opinion

Denman, J.

Appellee, The Paraffine Companies, Inc., moves to dismiss the appeal from a civil judgment on the ground that the appeal was filed more than three months from the entry of the judgment. The- notice of appeal was filed on February 20, 1948, and purports to be from a judgment entered on November 25, 1947.

The record before us shows that on November 6, 1947, an order was made that “said complaints are hereby dismissed by reason of the lack of jurisdiction.” It was signed by three district judges of the United States District Court for the Northern District of California.

In order to make certain our jurisdiction, we have examined the district court’s civil docket of this case and find that this signed order of November 6, 1947, was entered on November 6, 1947, as follows: “Ord. case dismissed.” The Clerk made no entry of. *409 a judgment of costs. No appeal was taken from this order of November 6, 1947, and appellee claims that it, and not a later judgment entered November 25, 1947, is the final order disposing of the case.

However, on November 24, 1947. in the same term of court, at the request of the appellee, approved as to form by appellant, the court amended its order of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.