Starrag

Starrag v. Maersk Inc.

Good Law
102 F. App'x 535
United States Court of Appeals for the Ninth CircuitMay 19, 2004No. 02-57180California580 words

Opinion

Lead Opinion

MEMORANDUM **

Starrag and Starrag-Heckert, Inc. (collectively, “Starrag”) appeal the District Court’s grant of partial summary judgment in favor of Maersk Inc. and Maersk Pacific Ltd. We take note sua sponte that Starrag untimely appealed and dismiss this interlocutory appeal. Hostler v. Groves, 912 F.2d 1158, 1160 (9th Cir.1990) (raising question of appellate jurisdiction sua sponte).

Federal Rule of Appellate Procedure 4(a)(1)(A) requires that notices of appeal “be filed with the district clerk within 30 days after the ... order appealed from is entered.” See also 28 U.S.C. § 2107 (a) (2000) (“[N]o appeal shall bring any ... order ... in [a] proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such ... order....”).

The District Court entered its partial summary judgment order on November 5, 2002. Starrag was required to file its notice of appeal with the district court clerk “within 30 days after the ... order *536 appealed from is entered.” Fed. R.App. P. 4(a)(1)(A). Counting thirty days from the date of entry of the order, the last day on which Starrag could file a timely notice of appeal…

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.