The Dai-Ichi Kangyo Bank, Ltd. v. Robert Fukutomi Tomiko C. Fukutomi

74 F.3d 1245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The DAI-ICHI KANGYO BANK, LTD., Plaintiff-Appellee, v. Robert FUKUTOMI; Tomiko C. Fukutomi, Defendants-Appellants. No. 94-55606. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1995. * Decided Jan. 17, 1996. Before: HUG, BEEZER, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 The Fukutomis appeal the summary judgment against them on liability under their guarantee, and the determination of their damages. The granting of a motion for summary judgment is reviewed de novo. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995). 3 A. Jurisdiction over the appeal. 4 Dai-Ichi Kangyo Bank argues that we lack jurisdiction over the appeal because it was filed late under FRAP 4(a). The judgment was entered on March 18. The Fukutomis faxed their notice of appeal April 18, which was timely, but it was not received in the mail by the clerk until April 21, which was too late. The clerk originally date…