Tuesday, August 4, 2015

Referee appointed to determine appellate timing

Just how serious is 2/5 about making sure it really has appellate jurisdiction? Super serious.
Check out this short ditty -- not something you see every day:
Image result for monkey on your back
What?! You caught me?!
Plaintiff ... purports to appeal from [a] dismissal. [I]t came to our attention that the notice of appeal may not have been timely filed. We have a duty to raise issues concerning our own jurisdiction on our own motion. [Cites] As a result, we issued an order to show cause re: dismissal of the appeal. The responses to the order to show cause contained allegations concerning service of the notice of entry of judgment. Thus, we assigned a referee, the Honorable Stuart M. Rice, to make findings on the issue of when the notice of entry of judgment was served. [Cites] We have reviewed Judge Rice’s report filed June 8, 2015, and order dismissal of the appeal.

Also of note, in today's DJ Anna-Rose Mathieson and Ben Feuer offer When Judges Go It Alone, about how and when "individual [state or federal appellate] judges have the ability to issue [] controversial orders without the concurrence of at least one other appellate judge."