953 F.2d 1391: Oliver Kinchen, Plaintiff-appellant, v. Western American Seating Co., Inc., J. Raymond Wanamaker,doing Business As Western American Seating Co.,defendants-appellees
United States Court of Appeals, Tenth Circuit. - 953 F.2d 1391
Feb. 4, 1992
Before SEYMOUR, STEPHEN H. ANDERSON and BALDOCK, Circuit Judges.*
BALDOCK, Circuit Judge.
Plaintiff-appellant Oliver Kinchen appeals from the judgment entered May 3, 1991, pursuant to a jury verdict in favor of defendants. Plaintiff filed his notice of appeal on June 4, 1991, one day past the thirty-day time limit set forth in Fed.R.App.P. 4(a)(1) (excluding Sunday, June 2, 1991, the thirtieth day). Moreover, plaintiff did not move for an extension of time as provided by Rule 4(a)(5). A timely filed notice of appeal is "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264 (1978). We therefore DISMISS the appeal for lack of jurisdiction. The mandate shall issue forthwith.