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.