United States Ninth Circuit

In a matter arising from a contract dispute between a real estate development firm and a grocery store operator, an appeal from summary judgment for the operator and a cross-appeal from a denial of attorney's fees are dismissed for lack of subject matter jurisdiction because plaintiff's notice of appeal was untimely despite a clerk's failure to promptly prepare and enter a final judgment below.

Appellate Information

• Argued 01/09/2007
• Decided 02/06/2007
• Published 02/06/2007

Judges

• GOODWIN, Circuit Judge:, Before: GOODWIN, TASHIMA, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Gordon H. Warren, Kirk B. Lenhard, Jones Vargas, Las Vegas, NV, for the plaintiff-appellant-cross-appellee., James D. Kilroy, Snell & Wilmer, Denver, CO, for the defendant-appellee-cross-appellant.