DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

071358P.pdf   05/02/2008  David Dill  v.  General American Life Ins.
   U.S. Court of Appeals Case No:  07-1358
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Smith, Author, with Wollman, Circuit Judge, and
   Gritzner, District Judge]
Civil case - Appellate Procedure. Federal Rules of Civil Procedure 6(b)(2) and 50(b) are non-jurisdictional claims processing rules that provide an affirmative defense to untimely filings if raised, but which can be forfeited if not timely raised; here plaintiff raised the timeliness issue before the district court ruled on the motion, so the defense was timely raised; as a result, the district court did not err in dismissing the Rule 50(b) motion for lack of jurisdiction; because the motion did not toll the time for filing a notice of appeal, the notice of appeal filed in the case was untimely; the appeal is dismissed for lack of jurisdiction.