Higa v. Stewart

Full title: Shuko HIGA, Plaintiff/Counter, Defendant/Appellant, v. Catherine C…

Court: United States Court of Appeals, Ninth Circuit

Date published: Dec 13, 1990

928 F.2d 408 (9th Cir. 1990)

Opinion

928 F.2d 408 (9th Cir. 1990) Shuko HIGA, Plaintiff/Counter, Defendant/Appellant, v. Catherine C. STEWART, Defendant/Counter Complainant/Appellee. No. 87-2675. United States Court of Appeals, Ninth Circuit December 13, 1990

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Decided March 18, 1991.

Appeal from the United States District Court for the District of Hawaii; No. CV-86-0210-ACK, Alan C. Kay, District Judge, Presiding.

D. Hawaii

DISMISSED.

Before SNEED, SCHROEDER and CANBY, Circuit Judges.

ORDER

The appeal is dismissed for lack of jurisdiction. The notice of appeal is of no effect under Federal Rule of Appellate Procedure 4(a)(4), because it was filed while a Fed.R.Civ.P. 59 motion was pending before the district court. The pendency of that motion tolled the time for filing the notice of appeal and a notice of appeal should have been filed after denial of that motion. See Acosta v. Louisiana Department of Health and Human Services, 478 U.S. 251 (1986).

DISMISSED.