No tolling of time to appeal

Today the 9th Circuit issued this opinion on appellate jurisdiction, specifically dismissing an appeal as untimely. The court held that a post-judgment motion styled as a motion to alter or amend the judgment (under FRCP 59), which usually would be a tolling motion, was in substance actually only a motion to stay entry of the judgment. "A motion's 'nomenclature is not controlling.'" File this one under substance over form.