Civil Procedure – appeal

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure – appeal — timeliness

Even though the appeal of an intervention order was timely, the appeal must be dismissed where the appellant did not timely appeal the final order.

“‘Rule 4 of the Federal Rules of Appellate Procedure carries § 2107 into practice,’ Bowles v. Russell, 551 U.S. 205, 208 (2007), and similarly provides that the notice of appeal ‘must be filed with the district clerk within 30 days after entry of the judgment or order appealed from,’ FED. R. APP. P. 4(a)(1)(A). The text of the statute and rule makes clear that the 30-day clock runs from entry of the specific order or judgment appealed from. Here, the order denying intervention and the final judgment are distinct and separate appealable orders. Indeed, we have held that an order denying intervention is an immediately appealable ‘final decision’ under 28 U.S.C. § 1291 even if the rest of the case remains pending and unfinished in the district court. See Retired Chi. Police Ass’n v. City of Chicago, 7 F.3d 584, 594 n.11 (7th Cir. 1993); see also Purcell v. BankAtlantic Fin. Corp. 85 F.3d 1508, 1511 n.2 (11th Cir. 1996). The timely appeal of the order denying the intervention motion thus has no bearing on whether the notice was timely vis-à-vis the judgment.”

Dismissed.

11-3731 CE Design, Ltd., v. Cy’s Crab House North, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Kennelly, J., Sykes, J.