Supreme Court of the United States

Firstier Mortgage Co., Aka Realbanc, Inc. v. Investors Mortgage Insurance Co.

January 15, 1991498 U.S. 269

Summary

The Court unanimously held that Federal Rule of Appellate Procedure 4(a)(2) saved FirsTier's notice of appeal, filed after a bench ruling disposing of all its claims but before entry of judgment. A notice filed after a nonfinal decision can relate forward to the final judgment when the announced decision would be appealable if immediately followed by entry of judgment. The Court reversed the dismissal of the appeal and remanded. Justice Kennedy concurred separately, without any joining justice, emphasizing that the Rule also addresses orders and that some orders are appealable without possessing attributes of finality.

Holding

  • Effect of a notice of appeal filed after announcement of a nonfinal decision but before entry of judgment.. Rule 4(a)(2) permits such a notice to operate as a notice of appeal from the subsequent final judgment when the announced decision would be appealable if immediately followed by entry of judgment; it does not save notices from clearly interlocutory decisions.
  • Application of Rule 4(a)(2) to FirsTier's premature notice of appeal.. FirsTier's notice became a timely notice of appeal from the March 3 judgment, and the Court of Appeals erred in dismissing the appeal.

Docket 89-1063

Cited authorities

  • Rule 4(a)(2)
  • Rule 4(a)(2)
  • Rule 4(a)(2)
  • Rule 4(a)(2)
  • Rule 4(a)(2)
  • Rule 1(b)
  • Rule 1(b)
  • Rule 4(a)(2)

Cited by

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