Unpublished Disposition, 890 F.2d 420 (9th Cir. 1988)
Annotate this CaseJohn PISCHKE, Plaintiff-Appellant,v.SUNSHINE BISCUITS, INC., a Delaware corporation, Defendant-Appellee.JOHN PISCHKE, Plaintiff,SUNSHINE BISCUITS, INC., a Delaware corporation,Defendant/Third-party/Plaintiff-Appellant,v.BAKERY, CONFECTIONERY AND TOBACCO WORKERS INTERNATIONALUNION, Local 125 AFL-CIO, Third-party/Defendant-Appellee.
Nos. 87-2493, 87-2791.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Sept. 12, 1989.Decided Nov. 20, 1989.
Before CHOY, CANBY and WILLIAM A. NORRIS, Circuit Judges.
ORDER*
Although the motions panel in an order of April 4, 1988 deemed jurisdiction present, the merits panel has an independent duty to examine jurisdictional questions. Hard v. Burlington Northern R.R., 870 F.2d 1454, 1458 (9th Cir. 1989) (citations omitted). The fact that a motions panel has denied a motion to dismiss does not free the panel from this duty because the time for filing an appeal is mandatory and jurisdictional. Id. citing Browder v. Director, Dept. of Corrections, 434 U.S. 257, 264 (1978).
Because appellant Pischke failed to file a notice of appeal from the only final order of the trial court--the grant of summary judgment to Sunshine Biscuits for which judgment was entered on September 11, 1987--this appeal is barred by Munden v. Ultra-Alaska Assoc., 849 F.2d 383 (9th Cir. 1988).
The appeal is DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3
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