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SCO Files Notice of Appeal in Novell Litigation

By Pamela Jones et al.

SCO has filed a notice of appeal in the SCO v. Novell litigation, as they said they would:

567 - Filed & Entered: 11/25/2008
Notice of Appeal
Docket Text: NOTICE OF APPEAL as to [377] Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,, [565] Judgment filed by SCO Group. Appeals to the USCA for the 10th Circuit. Filing fee $ 455, receipt number 10880000000000796676. (Hatch, Brent)

Here's the website for the US Court of Appeals for the 10th Circuit, which is where we are headed. You'll see at the bottom of the page a link to download some of the initial paperwork that SCO's attorneys are filling in these days, along with instructions. If you read the instructions, you'll get a taste of what appeals are like. It's below the notices about the resignation of one of the judges after allegations of judicial misconduct. There is also a link for a PDF of instructions for filing a petition for review. Here are the Rules and Forms and 2008 Federal Rules of Appellate Procedure and Tenth Circuit Rules (F.R.A.P. effective Dec. 1, 2007; 10th Cir. Rules effective Jan. 1, 2008). The answers to many of your questions about process and what happens in an appeal are in there.

Full post as published by Groklaw on November 25, 2008 (boomark / email).