Unpublished Disposition, 928 F.2d 408 (9th Cir. 1991)
Annotate this CaseShuko HIGA, Plaintiff/Counter, Defendant/Appellant,v.Catherine C. STEWART, Defendant/Counter Complainant/Appellee.
No. 87-2675.
United States Court of Appeals, Ninth Circuit.
Submitted Dec. 13, 1990.** Decided March 18, 1991.
Appeal from the United States District Court for the District of Hawaii; No. CV-86-0210-ACK, Alan C. Kay, District Judge, Presiding.
D. Hawaii
DISMISSED.
Before SNEED, SCHROEDER and CANBY, Circuit Judges.
ORDER
The appeal is dismissed for lack of jurisdiction. The notice of appeal is of no effect under Federal Rule of Appellate Procedure 4(a) (4), because it was filed while a Fed. R. Civ. P. 59 motion was pending before the district court. The pendency of that motion tolled the time for filing the notice of appeal and a notice of appeal should have been filed after denial of that motion. See Acosta v. Louisiana Department of Health and Human Services, 478 U.S. 251 (1986).
DISMISSED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
