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Singleton Contracting Corp. v. Brownlee

Citation: 94 F. App'x 840Docket: No. 04-1119

Court: Court of Appeals for the Federal Circuit; March 16, 2004; Federal Appellate Court

Narrative Opinion Summary

Singleton Contracting Corporation successfully moved for reconsideration of a January 23, 2004 order that dismissed its appeal due to the absence of counsel. Singleton has since retained counsel who is admitted to the Federal Circuit bar and has entered an appearance. The court has granted the motion, reinstating Singleton’s appeal, vacating the previous dismissal order, and recalling the mandate. Singleton is required to file its brief within 40 days from the date of this order.

Legal Issues Addressed

Filing Deadlines After Reinstatement

Application: The court set a new deadline for Singleton to file its brief following the reinstatement of its appeal.

Reasoning: Singleton is required to file its brief within 40 days from the date of this order.

Reconsideration of Dismissal Orders

Application: The court granted Singleton Contracting Corporation's motion for reconsideration of the dismissal of its appeal due to the absence of counsel.

Reasoning: Singleton Contracting Corporation successfully moved for reconsideration of a January 23, 2004 order that dismissed its appeal due to the absence of counsel.

Reinstatement of Appeal

Application: The court reinstated Singleton's appeal after granting the motion for reconsideration and required Singleton to submit its brief within a specified timeframe.

Reasoning: The court has granted the motion, reinstating Singleton’s appeal, vacating the previous dismissal order, and recalling the mandate.

Requirement of Legal Representation for Appeal

Application: Singleton was initially dismissed for lack of counsel but successfully reinstated its appeal after retaining counsel admitted to the Federal Circuit bar.

Reasoning: Singleton has since retained counsel who is admitted to the Federal Circuit bar and has entered an appearance.