Monday, January 19, 2009

Appeal As of Right - When Taken

Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision or order — but before the entry of the judgment or order — is treated as filed on the date of and after the entry.

If a party files a notice of appeal after the court announces or enters a judgment — but before it disposes of any motion listed in Fed. R. App. P. 4(a)(4)(A) — the notice becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered.