Narrative Opinion Summary
Patricio B. Bautista's appeal has been dismissed due to untimeliness. The Court of Appeals for Veterans Claims issued a judgment on September 3, 2002, and Bautista was required to file any appeal by November 4, 2002, under 38 U.S.C. § 7292(a), 28 U.S.C. § 2107(b), and Fed. R. App. P. 4(a)(1). However, Bautista filed his appeal on March 6, 2003, which is beyond the 60-day deadline. As a result, the court lacks jurisdiction to hear the appeal, citing Sofarelli Assoc. Inc. v. United States (716 F.2d 1395, Fed. Cir. 1983). Consequently, the court ordered the dismissal of the appeal, with each party bearing its own costs.
Legal Issues Addressed
Dismissal of Appeal and Allocation of Costssubscribe to see similar legal issues
Application: The court dismissed Bautista's appeal due to untimeliness, and each party was ordered to bear its own costs.
Reasoning: Consequently, the court ordered the dismissal of the appeal, with each party bearing its own costs.
Jurisdictional Limits Due to Untimely Appealssubscribe to see similar legal issues
Application: The untimely filing of Bautista's appeal resulted in the court lacking jurisdiction to hear the case, leading to its dismissal.
Reasoning: As a result, the court lacks jurisdiction to hear the appeal, citing Sofarelli Assoc. Inc. v. United States (716 F.2d 1395, Fed. Cir. 1983).
Timeliness of Appeals under 38 U.S.C. § 7292(a)subscribe to see similar legal issues
Application: The appellant, Patricio B. Bautista, failed to file the appeal within the prescribed 60-day period following the Court of Appeals for Veterans Claims' judgment, rendering the appeal untimely.
Reasoning: Bautista was required to file any appeal by November 4, 2002, under 38 U.S.C. § 7292(a), 28 U.S.C. § 2107(b), and Fed. R. App. P. 4(a)(1).