The Supreme Court issued a decision last week made for appellate wonks, in which the American Academy of Appellate Lawyers (where I am a board member) not only filed an amicus brief supporting the position where the unanimous Court landed (AAAL Brief), but got a shout out in a footnote – Hamer v. Neighborhood Housing Services of Chicago, Opinion (check out footnote 8).
The short takeaway is: when Congress sets a deadline by statute, it’s jurisdictional, but when the time limit comes from a court rule, it’s not jurisdictional. Hence, FRAP 4(a)(5)(C), limiting the extension of time to file a notice of appeal, isn’t jurisdictional.
28 U.S.C. s. 2107 says a notice of appeal must be filed with the court of appeals within 30 days after the entry of the judgment, order or decree, but that the district court may extend the time for appeal on a showing of excusable neglect or good cause, as long