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Permanent69

Mandatory Timeliness for Appeals

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I am a Canadian resident who submitted a complaint against a corporation in California for Misappropriation of Trade Secret.

My case was dismissed by the Judge and I appealed within 60 days, but the mandatory appeal timeline was 30 days.I am a Pro Se

litigant wondering if there is any possible way to be forgiven for the delay of submitting my appeal? Any information would help.

 

Thank you

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I assume you filed with the limited civil division of the superior court (otherwise the deadline would have been 60 days).

 

Rather than ask about abstract possibilities, why not tell us what your reason for missing the deadline was?  I'm guessing you're going to say that it was a result of confusion between the rules applicable to appeals from cases in unlimited civil and those in limited civil.  If so, that's not going to suffice.

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7 hours ago, pg1067 said:

I assume you filed with the limited civil division of the superior court (otherwise the deadline would have been 60 days).

 

Rather than ask about abstract possibilities, why not tell us what your reason for missing the deadline was?  I'm guessing you're going to say that it was a result of confusion between the rules applicable to appeals from cases in unlimited civil and those in limited civil.  If so, that's not going to suffice.

 

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7 hours ago, pg1067 said:

I assume you filed with the limited civil division of the superior court (otherwise the deadline would have been 60 days).

 

Rather than ask about abstract possibilities, why not tell us what your reason for missing the deadline was?  I'm guessing you're going to say that it was a result of confusion between the rules applicable to appeals from cases in unlimited civil and those in limited civil.  If so, that's not going to suffice.

 

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Because I received a letter from the court of appeal that my appeal lacks jurisdiction since it was not filed within 30 days. Therefore this appeal is dismissed for lack of jurisdiction.

 

 

 

Edited by Permanent69
Omitted information now included in edit

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5 hours ago, Permanent69 said:

Because I received a letter from the court of appeal that my appeal lacks jurisdiction since it was not filed within 30 days. Therefore this appeal is dismissed for lack of jurisdiction.

 

 

 

Did the letter cite a statute or rule of court?

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Yes here is what the letter says

See 28 U.S.C. 2107(a), United States v. Sadler, 480 F.3d.932, 937 (9th Cir. 2007) requirement of timely notice of appeal is jurisdictional). 

 

The Notice of appeal was filed June 19, 2017 and the district court's judgment entered April 26, 2017. 

 

I am wondering if they made a mistake with their dismissal decision.

 

 

Edited by Permanent69
Needed more information

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39 minutes ago, Permanent69 said:

Yes here is what the letter says

See 28 U.S.C. 2107(a), United States v. Sadler, 480 F.3d.932, 937 (9th Cir. 2007) requirement of timely notice of appeal is jurisdictional). 

 

The Notice of appeal was filed June 19, 2017 and the district court's judgment entered April 26, 2017. 

 

I am wondering if they made a mistake with their dismissal decision.

 

 

 

This was then an action in U.S. District Court, i.e. federal district court, not state court. That is a critical distinction. The rule for appeal in federal district court in a civil matter (other than bankruptcy) is the notice of appeal must be filed in 30 days (unless the appealing party is the United States itself, one of its agencies, officer or employee of the federal government sued in official capacity). 28 U.S.C. § 2107. In short, if you did not file your notice of appeal in 30 days you were too late and the appeal cannot be heard.

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Is there anything I can do in my case.  I really thought the appeal would be ok at the date I filed.  This is so unfortunate for me since I followed all rules to a T to the best of my ability and was doing fine up until this point. 

 

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Nope, as was said in the letter from the court, the timeliness of the appeal is jurisdictional. The court lost jurisdiction when the appeal was not filed on time, as has no authority to do anything now.

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You can't appeal it at this point.  You might be able to refile the suit but it depends upon why it was dismissed, what the court actually stated as the basis for the dismissal and whether it was with or without prejudice.  You really need to consult an attorney.

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