Denise Harris, Plaintiff-appellant, v. San Antonio Medical Group, Inc.; Health Net; and Does 1through 100, Inclusive, Defendants-appellees, 107 F.3d 16 (9th Cir. 1996)Annotate this Case
Before: HUG, Chief Judge, REAVLEY,* and LEAVY, Circuit Judges.
Denise Harris appeals from the district court's dismissal of her action against her health insurer, Health Net, and Health Net's primary medical group, San Antonio Medical Group, Inc. We dismiss for want of appellate jurisdiction.
The period of time to file a notice of appeal begins to run upon entry of the judgment or order to be appealed from. Fed. R. App. P. 4(a) (1). The district court's Order Dismissing Action with Prejudice ("Order") was unconditional, separately entered, and constituted a final, appealable order. See Fed. R. Civ. P. 54(a), 58. Because Harris failed to file her notice of appeal within thirty days of the entry of the Order, we have no jurisdiction to hear the appeal. See Fed. R. App. P. 4(a) (1); Price v. Seydel, 961 F.2d 1470, 1473 (9th Cir. 1992). Accordingly, the appeal is
DISMISSED. The appellees' requests for Rule 11 sanctions and for attorney's fees under 29 U.S.C. § 1132(g) are DENIED. Each side will bear its own costs on appeal.