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Extension of Appeal

By: Derek Hawkins//September 6, 2016//

Extension of Appeal

By: Derek Hawkins//September 6, 2016//

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7th Circuit Court of Appeals

Case Name: Charmaine Hamer v. Neighborhood Housing Services of Chicago et al

Case No.: 15-3764

Officials: POSNER and SYKES, Circuit Judges and YANDLE, District Judge

Focus: Extension of Appeal

Court dismisses appeal for lack of jurisdiction due to untimely appeal

Finally, Hamer’s argument that the Appellees waived the issue of the timeliness of her appeal also fails. When a filing error is one of “jurisdictional magnitude”, forfeiture or waiver cannot excuse the lack of compliance with the statute’s time limitation.” See Bowles at 213. Had the Appellees never challenged the timeliness of Hamer’s Notice, they could not waive what this Court is bound by statute to uphold. Accordingly, because we have no jurisdiction to consider Hamer’s appeal on the merits, it is dismissed.

Appeal Dismissed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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