Follis Snow N' Turf, Plaintiff-appellant, v. the United States, Defendant-appellee, 988 F.2d 131 (Fed. Cir. 1993)

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U.S. Court of Appeals for the Federal Circuit - 988 F.2d 131 (Fed. Cir. 1993) Jan. 15, 1993


Before PLAGER, Circuit Judge, BENNETT, Senior Circuit Judge, and LOURIE, Circuit Judge.


PLAGER, Circuit Judge.


The United States moves to dismiss Follis Snow N' Turf's (Follis) appeal as untimely. Follis has not responded.

On September 25, 1992, the United States Claims Court dismissed Follis' complaint for failure to state a claim upon which relief can be granted. On December 3, 1992, Follis' appeal was filed.

A notice of appeal from the Claims Court must be filed within 60 days from the entry of judgment. 28 U.S.C. §§ 2107, 2522. Follis' appeal was filed 69 days after the entry of judgment. Failure to timely file a notice of appeal extinguishes the right to appeal. Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed. Cir. 1983).



(1) The United States' motion to dismiss is granted.

(2) Each side shall bear its own costs.