GULF-TAMPA DRYDOCK COMPANY v. Vessel Virginia Trader, 29349.
Decision Date | 22 December 1970 |
Docket Number | No. 29349.,29349. |
Citation | 435 F.2d 150 |
Parties | GULF-TAMPA DRYDOCK COMPANY, Plaintiff-Appellee, v. The VESSEL VIRGINIA TRADER, her engines, etc., and American Trading and Production Company, Defendant-Appellants. |
Court | U.S. Court of Appeals — Fifth Circuit |
James O. Davis, Jr., Margaret Deaton, Tampa, Fla., for defendant-appellants.
Jack C. Rinard, Brooks P. Hoyt, of Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for plaintiff-appellee.
Before TUTTLE, DYER and SIMPSON, Circuit Judges.
Summary judgment in favor of Gulf-Tampa Drydock Company was entered by the trial court on December 1, 1969. Pursuant to Rule 4, Federal Rules of Appellate Procedure, if appellants wished to file notice of appeal, they had to do so within thirty days of entry of summary judgment, unless the time was tolled by the timely filing of a motion for rehearing under Rule 59, Federal Rules of Civil Procedure. It appears that such motion, in this case, was not filed until December 12, 1969.
It is fundamental that the time requirement within which an appeal must be taken is mandatory and jurisdictional. See Knowles v. United States, 5 Cir., 1958, 260 F.2d 852, 854. Since the thirty-day period was not tolled by the timely filing of a motion for rehearing, the failure of appellant to file its notice of appeal until January 23, 1970, deprives this court of appellate jurisdiction. See Rule 73, Federal Rules of Civil Procedure.
The appeal is dismissed for want of jurisdiction.
To continue reading
Request your trial-
U.S. v. Martinez
...87 L.Ed. 1483 (1943). A post-trial motion which tolls the appeal period must itself be timely filed. Gulf-Tampa Drydock Co. v. Vessel Virginia Trader, 435 F.2d 150 (5th Cir. 1970); Albers v. Gant, 435 F.2d 146 (5th Cir. 1970). This reasoning must extend as well to the filing of a motion for......
-
Cobb v. Lewis
...v. Decker, 5 Cir., 1971, 451 F.2d 348; Smith v. Southern Bell Telephone Co., 5 Cir., 1972, 460 F.2d 279; Gulf-Tampa Drydock Co. v. Vessel Virginia Trader, 5 Cir., 1970, 435 F.2d 150. The opinion of the Court says that "Courts of appeals have discretion, when the interests of substantive jus......
-
U.S. v. O'Neil
...560, 54 L.Ed.2d 521, 531 (1978); Burnside v. Eastern Airlines, 519 F.2d 1127, 1128 n. 2 (5th Cir.1975); Gulf-Tampa Drydock Co. v. Vessel Virginia Trader, 435 F.2d 150, 151 (5th Cir.1970). 3. The Government's The government contends that each severance was improper, and that hence we should ......
-
NeSmith v. Fulton
...Since "the time requirement within which an appeal must be taken is mandatory and jurisdictional," Gulf-Tampa Dry Dock Co. v. The Vessel VIRGINIA TRADER, 435 F.2d 150, 151 (5th Cir. 1970), this court has appellate jurisdiction over the instant case only if NeSmith or one or more of the defe......