Daly v. Brady

Decided Circuit Court of Appeals, Second Circuit
Disposition
denied
full scope · unanimous
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Court
Circuit Court of Appeals, Second Circuit
Decided
Judge
PER CURIAM
Appellant (1)
DALY et al.
A. I. Dittenhoff, for the motion
v.
Appellee (1)
BRADY
Stephen H. Olin, opposed

Overview

The motion is denied; the court lacks power to vacate the judgment and direct entry of a new judgment for the purpose of permitting an appeal after the statutory time has passed.

Case summary

This case involves a motion before the Circuit Court of Appeals, Second Circuit, to vacate a judgment and enter a new judgment to permit an appeal. The Supreme Court had previously decided that no appeal was ever taken from the judgment of this court. The time for taking an appeal has now passed. The court, in a per curiam opinion, denies the motion, holding that it lacks power to grant such relief because vacating and re-entering the judgment would be an evasion of the statute requiring appeals to be brought within a prescribed time.

Abstract

The court denied a motion to vacate a prior judgment and enter a new one to allow an appeal, as no timely appeal had been taken and the appeal period had expired. The ruling holds that such action would evade the statutory requirement for appeals within a prescribed time. The court lacks power to grant relief that circumvents appeal deadlines.

Opinion of the court

Majority
opinion
PER CURIAMjoined by WALLACE, LACOMBE, SHIPMAN
  • Supreme Court previously ruled no appeal was taken
  • Time for appeal has passed
  • Vacating judgment to permit appeal would evade statutory time limits
  • Court lacks power to grant relief

Jurisdiction

not challenged
Subject matter
Circuit Court of Appeals jurisdiction over appeals
Jurisdictional facts
  • Supreme Court previously decided no appeal was ever taken from the judgment of this court
  • Time for appeal has passed

Procedural posture

Posture on appeal
Motion to vacate judgment for purpose of permitting an appeal
Preserved issues
  • Motion to vacate judgment to allow appeal

Subsequent history

Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed

Legal categories

Business

Case record

Full case name
DALY et al. v. BRADY
Court
Circuit Court of Appeals, Second Circuit
Decided
Opinion author
PER CURIAM
Opinion type
per curiam
Precedential status
precedential
Judges on panel
WALLACELACOMBESHIPMAN

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Court lacks power to grant such relief as it would be an evasion of the statute requiring appeals within prescribed time

Preservation

Issue preserved for review

Holdings of the court

Power to vacate judgment to permit untimely appeal
The court lacks power to vacate a duly entered judgment and direct entry of a new judgment for the purpose of permitting an appeal after the statutory time for appeal has passed
Doing so would be an evasion of the statute requiring appeals to be brought within a prescribed time; the court is satisfied it is without power to grant any relief
unanimousbinding precedent

Error analysis

  • Request to vacate judgment to permit untimely appeal — procedural · no error foundnot applicable

Statutory interpretation

1
Statute
Statute requiring appeals to be brought within a prescribed time
Question
Whether court can evade time limits by vacating and re-entering judgment
Court's reading
Court lacks power to do so as it would be an evasion of the statute
Canons applied
Plain meaning
no legislative history

Burden of proof

Standards of review

  • Court's power to vacate judgment for appeal purposes — de novo Legal question regarding statutory interpretation and court authority

Timeline

rulingcited in opinion

Circuit Court of Appeals denies motion to vacate judgment and enter new judgment for purpose of permitting an appeal, holding court lacks power to grant relief

Outcome: Motion denied

Court determines it lacks authority to evade statutory time limits for appeals by vacating and re-entering judgment

Appeal timelinessCourt's power to vacate judgment
Circuit Court of Appeals · A. I. Dittenhoff · Stephen H. Olin Second Circuit appellate court

Facts & evidence

Key facts

3 facts
  1. Supreme Court previously ruled no appeal was ever taken from the judgment of this court
  2. Time for taking an appeal has now passed
  3. Judgment was duly entered in this court

Procedural history

2 steps
  1. Supreme Court decision referenced (16 -Sup. Ct. 961)
  2. Motion filed to vacate judgment and enter new judgment to permit appeal

Evidence in the record

Documentary
  • Supreme Court decision (16 -Sup. Ct. 961)

Jury

Sentencing

Sentence challenged on appeal
false

Policy considerations

  • Courts should not evade statutory time limits for appeals
  • Importance of finality in judgments

Authorities

Cited authorities (1)

16 -Sup. Ct. 961
followedprecedent
Supreme Court had decided in this case that no appeal was ever taken from the judgment of this court

Related cases (1)

16 -Sup. Ct. 961
prior appeal
Supreme Court decided no appeal was ever taken from the judgment of this court

Statutes

  • Statute requiring appeals to be brought within a prescribed time

Standards & doctrines

  • De novo review for legal questions

Legal principles applied

  • Courts cannot evade statutory time limits for appeals

Notable quotes

“To vacate it and direct the entry of a new judgment for the purpose of permitting an appeal would be merely an evasion of the statute which requires appeals 'to be brought within a prescribed time.”
majority — Court's reasoning for denying motion to vacate judgment
Emphasizes that courts cannot circumvent statutory time limits for appeals
“We are satisfied that we are without power to grant any relief.”
majority — Conclusion of the opinion
Affirms court's lack of authority to provide the requested procedural relief
Index terms35
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Entities and documentation
Legal actions
Action type
denied
Target
Motion to vacate judgment and enter new judgment for purpose of permitting appeal
Appealed from
Motion filed in Circuit Court of Appeals
Context
Court denies motion, holding it lacks power to vacate judgment and direct entry of new judgment to permit appeal after statutory time has passed, as it would be an evasion of the statute requiring appeals within prescribed time
Scope
full
Disposition vote
unanimous
Search facets
Parties
Judges
LacombeShipmanWallace
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