Filed: Oct. 14, 1998
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1542 In Re: A. H. ROBINS COMPANY, INCORPORATED, Debtor. _ MARGIE J. ADDISON SHORT, Claimant - Appellant, versus DALKON SHIELD CLAIMANTS TRUST, Trust - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge; Blackwell N. Shelley, Bankruptcy Judge. (CA-85- 1307-R) Submitted: September 30, 1998 Decided: October 14, 1998 Before WIDE
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1542 In Re: A. H. ROBINS COMPANY, INCORPORATED, Debtor. _ MARGIE J. ADDISON SHORT, Claimant - Appellant, versus DALKON SHIELD CLAIMANTS TRUST, Trust - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge; Blackwell N. Shelley, Bankruptcy Judge. (CA-85- 1307-R) Submitted: September 30, 1998 Decided: October 14, 1998 Before WIDEN..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-1542
In Re: A. H. ROBINS COMPANY, INCORPORATED,
Debtor.
_________________________
MARGIE J. ADDISON SHORT,
Claimant - Appellant,
versus
DALKON SHIELD CLAIMANTS TRUST,
Trust - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior
District Judge; Blackwell N. Shelley, Bankruptcy Judge. (CA-85-
1307-R)
Submitted: September 30, 1998 Decided: October 14, 1998
Before WIDENER, HAMILTON, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Margie J. Addison Short, Appellant Pro Se. Orran Lee Brown, Sr.,
DALKON SHIELD CLAIMANTS TRUST, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant filed an untimely notice of appeal. We dismiss for
lack of jurisdiction. The time periods for filing notices of appeal
are governed by Fed. R. App. P. 4. These periods are “mandatory and
jurisdictional.” Browder v. Director, Dep’t of Corrections,
434
U.S. 257, 264 (1978) (quoting United States v. Robinson,
361 U.S.
220, 229 (1960)). Parties to civil actions have thirty days within
which to file in the district court notices of appeal from judg-
ments or final orders. See Fed. R. App. P. 4(a)(1). The only excep-
tions to the appeal period are when the district court extends the
time to appeal under Fed. R. App. P. 4(a)(5), or reopens the appeal
period under Fed. R. App. P. 4(a)(6).
The district court entered its order on March 6, 1998;
Appellant’s notice of appeal was filed on April 10, 1998, which is
beyond the thirty-day appeal period. Appellant’s failure to note a
timely appeal or obtain an extension of the appeal period leaves
this court without jurisdiction to consider the merits of Appel-
lant’s appeal. We therefore grant Appellee’s motion to dismiss the
appeal. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
2