Unpublished Disposition, 928 F.2d 408 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 928 F.2d 408 (9th Cir. 1991)

Shuko 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


Before SNEED, SCHROEDER and CANBY, Circuit Judges.


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).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4