Donna Harrison, Claimant-appellant, v. A.h. Robins Company, Incorporated, Debtor-appellee, 870 F.2d 654 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 870 F.2d 654 (4th Cir. 1989) Submitted Jan. 31, 1989. Decided March 3, 1989

Donna Harrison, appellant pro se.

Linda Jenkins Thomason, Mays & Valentine, Michael Lewis Cook, Skadden, Arps, Slate, Meagher & Flom, William C. White, Thomas & Fiske, P.C., for appellee.

Before DONALD RUSSELL, WIDENER, and CHAPMAN, Circuit Judges.


Donna Harrison noted this appeal outside the 30-day appeal period established by Fed. R. App. P. 4(a) (1), and failed to move for an extension of the appeal period within the additional 30-day period provided by Fed. R. App. P. 4(a) (5). The time periods established by Fed. R. App. P. 4 are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). Appellant's failure to note a timely appeal or obtain an extension of the appeal period deprives this Court of jurisdiction to consider this case. We therefore grant appellee's motion to dismiss the appeal. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process.