Legal Question in Civil Litigation in New York
Notice of Appeal terms
Plaintiff sued for breach of employment contract in Federal Court, Southern District of New York, Second Circuit.
A jury found in favor of plaintiff and awarded monetary damages.
Defendant moved for a new trial or for a remittitur of damages. Plaintiff moved to enter judgement in his favor in the amount of the jury verdict on liabilities and damages plus cost.
Defendant's motions have been denied. Plaintiff's motion has been granted.
Judgement was entered and filed on 5/1/08.
Immediately, both defendant and plaintiff filed motions to amend the judgement, based on how interests must be calculated.
A notice of appeal, if any, must be filed on or before 30 days from entry of judgment.
My question is: will the 30-day clock start on the date judgment was entered, 5/1/08, or on the date, yet to be determined, when the judge will rule on the latest motions and file the amended judgment, if any?
Thank you.
2 Answers from Attorneys
Re: Notice of Appeal terms
I always find that when you are in doubt you file the notice of appeal. If there is additional rulings, you file another notice of appeal. After each successive ruling you continue to file.
That way, if there is any questions of what should have been appealed, then your bases are covered.
Federal Appeals are very time sensitive. Once you file a notice of appeal, the clock starts ticking, and you are given very strict time guidelines.
Our office has done appeals in the Federal Courts. If you have any other questions, or if you wish to retain the services of this firm, please feel free to contact us.
Re: Notice of Appeal terms
Generally, an appeal must be taken within 30 days after entry of the judgment. Keep in mind, this time for appeal is mandatory and jurisdictional. Also, a failure to file a timely appeal will forfeit you right to an appeal. Again, this is just general advice and is subject to change upon further review of your case. If you need help, you can email me at [email protected].
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