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 Supreme Court held that a bench ruling announcing a decision that purports to dispose of all claims qualifies as a “decision” under Federal Rule of Appellate Procedure 4(a)(2), so a notice of appeal filed after the announcement but before entry of judgment is treated as timely for the later judgment. Accordingly, FirsTier’s premature February 8 notice of appeal was effective as a notice of appeal from the March 3 final judgment, and the Court of Appeals’ dismissal was reversed and remanded. Justice Kennedy concurred, agreeing with the majority’s analysis and adding that the saving provision also applies to appeal‑able orders under § 1292(a).
Holding
- Whether a notice of appeal filed after a bench announcement of a decision but before entry of judgment is effective under Rule 4(a)(2) even if the announcement is not a final decision under §1291.. Rule 4(a)(2) treats a premature notice of appeal as timely when the announced ruling is a “decision” that would be appealable if immediately followed by entry of judgment, even if the ruling is not final under §1291.
Docket 89-1063
Cited authorities
- Fed. R. App. P. 4(a)(2)
- 28 U.S.C. § 1332
- 28 U.S.C. §1291
- Fed. R. App. P. 4(a)(1)
- 28 U.S.C. §2107
- Fed. R. App. P. 4(a)(2)
- 28 U.S.C. § 1291.2
- Fed. R. App. P. 1(b)