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: How Appealing

What effect, if any, does the withdrawal of a timely-filed post-judgment motion have on the time to appeal from the judgment in a civil case in federal court?

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What effect, if any, does the withdrawal of a timely-filed post-judgment motion have on the time to appeal from the judgment in a civil case in federal court? A divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued this interesting decision today.

I believe that Circuit Judge Carlos F. Lucero's dissenting opinion -- which argues that the notice of appeal was timely or, at worst, premature -- has the better of this argument.

Full post as published by How Appealing on April 28, 2010 (boomark / email).

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