The Supreme Court of the United States held that Rule 4(a)(5)(c) of the Federal Rules of Appellate Procedure would set a thirty (30) day limit for filing an appeal is not jurisdictional.
In Hamer v. Neighborhood Housing Services of Chicago, et. al., ____ SC _______, 2017 WL 5160782 (November 8, 2017). Plaintiff sued Defendant for employment discrimination. The trial court entered summary judgment for the Defendant. Plaintiff?s attorney withdrew shortly before the thirty (30) days ran on the time to file an appeal. The trial court, on motion of the withdrawing attorney, entered an Order giving Plaintiff an additional thirty (30) days to file an appeal. Plaintiff?s new attorney filed a Notice of Appeal shortly before the additional thirty (30) days expired. The Seventh Circuit su ponte questioned the timeliness of the appeal and subsequently held that it did not have jurisdiction because the appeal was not filed within the thirty (30) days provided by the Rule.
The Supreme Court noted that several Court of Appeal, including the Seventh Circuit, have held that the time for appeal is jurisdictional. This is because the Court?s misinterpreted the Supreme Court?s precedent from Bowles v. Russell, 551 US 205 which involved Section 2017 of Title 28 of the U.S. Code. Accordingly, the Supreme Court vacated the judgment of the Seventh Circuit and remanded the case for further proceedings.