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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Dr. Alfred J. and Ngaire Evelyn Vincent regarding the district court's dismissal of their removal petition and imposition of sanctions. The notice of appeal was filed more than 30 days after the district court's final order, making it untimely according to the Federal Rules of Appellate Procedure. Additionally, the district court did not have jurisdiction to grant an extension of time to file the notice of appeal beyond 60 days of the final order. Therefore, the court dismissed the appeal due to a lack of jurisdiction from the late notice of appeal.

    Original Description:

    Filed: 1993-10-14 Precedential Status: Non-Precedential Citations: 7 F.3d 225 Docket: 93-1257

    Original Title

    Reynolds Memorial Hospital, Incorporated, and Wayne R. Mielke, Special Commissioner v. Ngaire Evelyn Vincent Alfred J. Vincent, M.D., 7 F.3d 225, 4th Cir. (1993)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Dr. Alfred J. and Ngaire Evelyn Vincent regarding the district court's dismissal of their removal petition and imposition of sanctions. The notice of appeal was filed more than 30 days after the district court's final order, making it untimely according to the Federal Rules of Appellate Procedure. Additionally, the district court did not have jurisdiction to grant an extension of time to file the notice of appeal beyond 60 days of the final order. Therefore, the court dismissed the appeal due to a lack of jurisdiction from the late notice of appeal.

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    9 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Dr. Alfred J. and Ngaire Evelyn Vincent regarding the district court's dismissal of their removal petition and imposition of sanctions. The notice of appeal was filed more than 30 days after the district court's final order, making it untimely according to the Federal Rules of Appellate Procedure. Additionally, the district court did not have jurisdiction to grant an extension of time to file the notice of appeal beyond 60 days of the final order. Therefore, the court dismissed the appeal due to a lack of jurisdiction from the late notice of appeal.

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    of 2

    7 F.

    3d 225

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    REYNOLDS MEMORIAL HOSPITAL, INCORPORATED,
    Plaintiff-Appellee,
    and
    Wayne R. Mielke, Special Commissioner, Plaintiff,
    v.
    Ngaire Evelyn VINCENT; Alfred J. Vincent, M.D.,
    Defendants-Appellants.
    No. 93-1257.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: September 27, 1993.
    Decided: October 14, 1993.

    Appeal from the United States District Court for the Northern District of
    West Virginia, at Elkins. Robert Earl Maxwell, Chief District Judge. (CA92-163-W)
    N.D.W.Va.
    DISMISSED.
    Ngaire Evelyn Vincent, Alfred J. Vincent, Appellants Pro Se.
    Terence Michael Gurley, Schrader, Byrd, Byrum & Companion,
    Wheeling, West Virginia, for Appellee.
    Before RUSSELL and MURNAGHAN, Circuit Judges, and CHAPMAN,
    Senior Circuit Judge.
    PER CURIAM:

    OPINION
    1

    Dr. Alfred J. and Ngaire Evelyn Vincent appeal from the district court's
    dismissal of their removal petition and imposition of sanctions against them
    pursuant to Fed. R. Civ. P. 11. We dismiss the appeal as untimely.

    The final order from which the Vincents appeal was entered on January 28,
    1993. The Vincents filed their notice of appeal on March 5, 1993. The Vincents
    filed a motion for extension of time to file the notice on March 29, 1993. The
    district court granted the motion on April 7, 1993. Because the notice of appeal
    was filed more than thirty days after the entry of judgment, the notice was
    untimely. Fed. R. App. P. 4. And the district court was without jurisdiction to
    grant the extension once sixty days had passed from the entry of the order. Ali
    v. Lyles, 769 F.2d 204, 205 (4th Cir. 1985). Thus, the untimeliness of the
    notice of appeal could not be cured. This Court is without jurisdiction to hear
    this appeal due to the late notice of appeal. Browder v. Director, Dep't of
    Corrections, 434 U.S. 257, 264 (1978). 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

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