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Harris Lines v. Cherry Meat Packers

U.S.
Dec 17, 1962
371 U.S. 215 (1962)

Summary

deciding case under former Fed.R.Civ.P. 73, from which Fed.R.App.P. 4 was derived

Summary of this case from In re O'Connor

Opinion

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.

No. 435.

Decided December 17, 1962.

A Federal District Court rendered a judgment against petitioner, a defunct corporation, and denied a motion for a new trial while its general counsel, to whom had been delegated sole responsibility for all corporate decisions with respect to pending litigation, was in Mexico and could not be reached. Within the 30-day period for appeal permitted under Federal Rule of Civil Procedure 73(a), petitioner's local counsel applied to the District Court for an extension of time within which to appeal. The District Court granted an extension of two weeks, and notice of appeal was filed within that time. The Court of Appeals dismissed the appeal, on the ground that no showing of "excusable neglect based on a failure of a party to learn of the entry of the judgment," within the meaning of Rule 73(a), had been made to the District Court, that there was no basis for waiving the 30-day rule and that, therefore, the appeal was untimely filed. Held: Since petitioner had relied on the District Court's ruling extending the time within which to appeal and petitioner would suffer a hardship if it were set aside, the Court of Appeals should have let it stand. Pp. 215-217.

303 F.2d 609, judgment vacated and case remanded.

Harlan L. Hackbert for petitioner.

John J. Kelly, Jr. for respondent.


The petition for writ of certiorari is granted and the judgment is vacated. Petitioner, a presently defunct interstate motor carrier which had its principal place of business in California, sued respondent, a shipper, in the District Court for the Northern District of Illinois for underpayment of freight charges. Respondent counterclaimed for damages to its freight. Local trial counsel was engaged for the suit by petitioner's general counsel in Los Angeles. The trial court ultimately dismissed petitioner's complaint and entered judgment for respondent for $11,347.52 on its counterclaim. Petitioner filed a motion for new trial, which was denied on June 28, 1961. On that date petitioner's general counsel, who by virtue of the fact that petitioner was winding up its business during 1961 had been delegated sole responsibility for all corporate decisions with respect to pending litigation, was vacationing in Mexico and could not be reached. He did not return to this country until July 20. In view of trial counsel's inability to contact the general counsel in order to ask whether to appeal, he instead came before the District Court in Illinois on July 13, stated his problem, and asked for an extension of time within which to appeal beyond the 30-day limit prescribed by Fed. Rules Civ. Proc., 73(a), an extension which by the terms of the rule is limited to a period "not exceeding 30 days from the expiration of the original time herein prescribed." Opposing counsel, having been given notice, was present. The motion judge granted an extra two weeks, until August 11. Notice of appeal was filed on August 11. The Court of Appeals initially denied a motion of respondent to dismiss the appeal, and called for briefs on the merits. The court thereafter reconsidered and dismissed the appeal, holding that a showing of "excusable neglect based on a failure of a party to learn of the entry of the judgment," Fed. Rules Civ. Proc., 73(a), had not been made out to the motion judge, that there was hence no basis for waiving the 30-day limit, and that the appeal was untimely filed and had to be dismissed for lack of appellate jurisdiction. 303 F.2d 609.

The District Court properly entertained the motion here in question to extend petitioner's time to appeal to the Court of Appeals before the initial 30 days allowed for docketing the appeal had elapsed. Fed. Rules Civ. Proc., 73(a), which governs here, is not limited to motions made after the 30 days have expired. See 7 Moore, Federal Practice (2d ed. 1955), ¶ 73.09[3]; North Umberland Mining Co. v. Standard Acc. Ins. Co., 193 F.2d 951, 952 (C.A. 9th Cir. 1952); Plant Economy, Inc., v. Mirror Insulation Co., 308 F.2d 275, 276-277 (C.A. 3d Cir. 1962). The standard applicable on such a motion, whether it is made before or after the 30 days have run, is that the movant must show "excusable neglect based on a failure of a party to learn of the entry of the judgment," Fed. Rules Civ. Proc., 73(a). Compare 7 Moore, supra, ¶ 73.09[3]; Notes of Advisory Committee on 1946 Amendments to Rule 73(a), quoted in 7 Moore, supra, ¶ 73.01[5], at p. 3111; Knowles v. United States, 260 F.2d 852, 854 (C.A. 5th Cir. 1958). In view of the obvious great hardship to a party who relies upon the trial judge's finding of "excusable neglect" prior to the expiration of the 30-day period and then suffers reversal of the finding, it should be given great deference by the reviewing court. Whatever the proper result as an initial matter on the facts here, the record contains a showing of unique circumstances sufficient that the Court of Appeals ought not to have disturbed the motion judge's ruling. The judgment is vacated and the case is remanded to the Court of Appeals so that petitioner's appeal may be heard on its merits.


I would have denied certiorari on the ground that this case does not qualify for review under Rule 19 of this Court.

Reaching the merits, however, I would affirm the judgment below substantially for the reasons given by the Court of Appeals. Harris Truck Lines, Inc., v. Cherry Meat Packers, Inc., 303 F.2d 609. Cf. Link v. Wabash Railroad Co., 370 U.S. 626, 633-634; United States v. Robinson, 361 U.S. 220.


Summaries of

Harris Lines v. Cherry Meat Packers

U.S.
Dec 17, 1962
371 U.S. 215 (1962)

deciding case under former Fed.R.Civ.P. 73, from which Fed.R.App.P. 4 was derived

Summary of this case from In re O'Connor

rejecting argument that filing deadline can not be waived in "unique circumstances"

Summary of this case from Widdoss v. Secretary of the Department of Health & Human Services

In Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215, 217, 83 S.Ct. 283, 9 L.Ed.2d 261 (1962)(per curiam), and Thompson v. INS, 375 U.S. 384, 387, 84 S.Ct. 397, 11 L.Ed.2d 404 (1964)(per curiam), we found that “unique circumstances” excused failures to comply with the time limit.

Summary of this case from Bowles v. Russell

allowing a late-filed appeal where the petitioner relied on the trial judge's finding of excusable neglect

Summary of this case from U.S. v. Marquez

In Harris Truck Lines v. Cherry Meat Packers, 371 U.S. 215 (1962), the Supreme Court recognized that active misrepresentation by a court may effect an extension of the time to appeal.

Summary of this case from Kraft, Inc. v. United States

In Harris Truck Lines, the district court found, within the initial 30-day period for filing notice of appeal, that there had been a showing of excusable neglect sufficient to allow an extension of time within which to file notice of appeal; a two-week extension was granted.

Summary of this case from Certain Underwriters at Lloyds v. Evans

In Harris, the district court granted a request for extension made within 30 days of entry of judgment, based on the inability of trial counsel to communicate with general counsel, who had been delegated sole responsibility for decisions as to appeal. The court of appeals reversed, finding that appellant had not made the necessary showing of excusable neglect.

Summary of this case from Matter of Estate of Butler's Tire Battery

In Harris Truck Lines, after the federal district court dismissed the complaint, the plaintiff asked for and received an extension of time to file a notice of appeal. The Federal Rules of Civil Procedure, like K.S.A. 60–2103(a), only allowed an extension of time to file an appeal if the movant could show excusable neglect based on his or her failure to learn of the entry of the judgment.

Summary of this case from Board of Coun. Commissioners v. City of Park City

In Harris Truck Lines the Circuit Court of Appeals, Seventh Circuit, dismissed an appeal as untimely filed on a holding that an extension of the appeal time allowed by order of the U.S. District Court had been improperly allowed.

Summary of this case from Johnston v. Pascoe

In Harris Truck Lines, the movant had received from the district court an express 30 day extension of the time for filing the appeal.

Summary of this case from Wheeler v. McIntyre

In Harris, the Supreme Court concluded that because the petitioner relied on the trial court's erroneous finding that Rule 73(a) of the Federal Rules of Civil Procedure allowed for an extension of time to file a notice of appeal, the petitioner's appeal should not be dismissed.

Summary of this case from Mangus v. Stump
Case details for

Harris Lines v. Cherry Meat Packers

Case Details

Full title:HARRIS TRUCK LINES, INC., v . CHERRY MEAT PACKERS, INC

Court:U.S.

Date published: Dec 17, 1962

Citations

371 U.S. 215 (1962)
83 S. Ct. 283
9 L. Ed. 2d 261

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