Friday, May 16, 2003

Oops - trial court enters corrected order, appellant relying on corrected order date misses Rule 59 deadline

In Nationwide Mutual Ins. Co. v. Folden, the Fourth Circuit in a per curiam opinion for the panel of Judges Wilkinson and Motz and Senior Judge Beezer from the Ninth Circuit held that the appellant's Rule 59 motion was untimely, so as to toll the time for filing a notice of appeal, where the motion was filed within 10 days of entry of a "corrected" order but not within 10 days of the original order, where the correction was slight - citing Federal Trade Comm’n v. Minneapolis-Honeywell Regulator Co., 344 U.S. 206, 211-12 (1952) (holding that, where a judgment previously entered has been reentered or revised in an immaterial way, the time within which review must be sought is not tolled).

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