Académique Documents
Professionnel Documents
Culture Documents
____________________
No. 95-1185
v.
____________________
____________________
Before
____________________
on
____________________
August 4, 1995
____________________
brief for
Caguas
Lum
Per Curiam.
__________
lawsuit
following
chemical
explosion
which
occurred
when
two
to
unclog
drain
stipulation, the
pipe.
After
district court
approving a
("AIICO") appeals.
settlement
case.
Insurance Company
BACKGROUND
We
an understanding of
names as defendants:
Gonzalez,
his
wife
our disposition.
The
amended complaint
Carmen
Aponte,
and
the
Masso-
conjugal
Cecilia Rivera-Munoz,
them;
all
and the
conjugal partnership
between
Types
of
Insurance
("Association");
and
Eagle
Star
Insurance Company of
Star").
On
March
amended cross-
later,
primary insurers.
AIICO filed
motion for
Approximately
summary
and
one month
judgment on
its
several months
of
amended cross-claim.
On
September
negotiation,
29,
1994,
a stipulation
of
-22
following
settlement and
request
for
judgment
request
was filed.
for
judgment.
a ruling
On
Later
on
that
its
stipulation.
AIICO filed
pending motion
October 4, 1994,
the settlement
same day,
for
Approximately
summary
approved
put
an
end
to
all matters
settlement, including
1994,
pending
at
the
AIICO's cross-claim.
On
time of
the
November 1,
On November
21, 1994,
reconsideration.
filed a
motion for
DISCUSSION
P. 4(a)(1),
appeal
notice
appellant
was required
days after
It is well
of
appeal
Acevedo-Villalobos
__________________
(quoting
within thirty
judgment.
Under
to file
the date
does not
Fed. R. App.
its notice
of entry
is
`mandatory
and
of
of the
of a
jurisdictional.'"
Perez-Perez v.
___________
Dep't of Corrections,
______________________
434 U.S.
257,
993
Browder v. Director,
_______
_________
264
(1978))), cert.
_____
denied,
______
115
S.
Ct.
574
(1994).
In
the
instant
case,
forty-one
-33
period.
To be sure,
or amend judgment
pursuant to Fed. R.
filing a
notice of
appeal.
Although
appellant's
See Fed.
___
motion
for
See Lopez
___ _____
Since
appellant's
outside the
after the
motion
for
ten-day period, it
not
10 days
did
v. Corporacion Azucarera de
________________________
later than
P. 4(a)(4).
is properly treated as
as legally erroneous.
not
R. App.
reconsideration
1991).
However,
or amend to be "served
entry of
the judgment."
reconsideration
was
served
time for
at
389.
Under
the circumstances,
we lack
jurisdiction to
Although appellant's
respect to
denial
the judgment,
notice of appeal
it is timely
with respect
appellant, since
is untimely with
to the
Unfortunately for
is properly
was
without jurisdiction
to
grant it
because, as
we have
-44
err
in denying the
Affirmed.2
________
Id.
__
although it
____________________
1.
Even
if
we
construe
appellant's
should be
granted `only
under exceptional
(1st
Cir. 1986)).
essentially
arguments
Lepore v. Vidockler,
______
_________
Appellant's motion
reiterated, with
made in
citation
appellant's reply
(1st
274
for reconsideration
to legal
to
rule
circumstances.'"
for
motion
authority,
opposition to
its
request for
a ruling on
the
cross-claims.
any
"exceptional
Under
judgment on
the circumstances, we
do not find
circumstances"
here,
or
any
abuse
of
21.
2.
Appellees
request
sanctions pursuant
separately
attorneys'
fee.
to Fed. R. App. P. 38
filed motion."
In the instant
-55
request
for