Civil Procedure — notice of appeal – untimeliness — excusable neglect

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — notice of appeal – untimeliness — excusable neglect

It was an abuse of discretion to grant an extension to file a notice of appeal based on the attorney’s being busy with a campaign for governor.

“One’s choice to run for public office may be based on a variety of considerations, and altruism could be far down the list. Counsel’s own choice to run for governor, though perhaps commendable, was entirely voluntary, and the election was approximately two weeks before the deadline for filing the notice of appeal. Many practicing attorneys run for office or submit themselves for consideration for positions on non-profit boards or bar associations, but cannot do so to the detriment of their clients. Under these facts, we find that the district court abused its discretion in granting the extension. We find the notice of appeal to be untimely, and we therefore lack jurisdiction over Sherman’s appeal.”

Dismissed.

10-3722 & 10-3925 Sherman v. Quinn

Appeals from the United States District Court for the Central District of Illinois, McCuskey, J., Williams, J.