Leoutsakos v. Standers, Inc.
Docket: No. 04-1432
Court: Court of Appeals for the Federal Circuit; October 13, 2004; Federal Appellate Court
Standers, Inc. filed a motion to dismiss Thomas Leoutsakos's appeal as untimely. The district court issued its judgment on April 30, 2004, and Leoutsakos submitted his notice of appeal on June 2, 2004. The deadline for filing an appeal was June 1, 2004, as per Federal Rule of Appellate Procedure (Fed. R. App. P.) 4(a)(1)(A). Leoutsakos filed a motion for reconsideration on June 3, 2004, but this motion did not toll the appeal period since it was not filed within the required 10 days after the judgment (Fed. R. App. P. 4(a)(4)). The court clarified that the appeal timeframe is statutory, mandatory, and jurisdictional, referencing Monzo v. Dep’t of Transp. Fed. Aviation Admin. and Pinat v. Office of Personnel Management. Consequently, Leoutsakos's appeal was deemed untimely, leading to the dismissal of his appeal. The court ordered that each party bear its own costs and emphasized that the deadline for filing an appeal cannot be waived. The appeal notice was received on the 33rd day after the judgment entry.