135 F.2d 663 - Levy v. Levy — 135 F.2d 663

How this case has been cited

Cited by 14 later decisions — most recently July 2003

7 federal appellate · 1 district · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Mr. Jacob N. Halper, of Washington, D. C., with whom Mr. Jack Politz, of Washington, D. C., was on the brief, for .appellant.

¶2Messrs. Israel J. Mendelson, Joseph T. •Sherier, and J. Allen Sherier, all of Washington, D. C., for appellees.

¶3Before EDGERTON and ARNOLD, .Associate Justices, and EICHER, Chief Justice of the District Court of the United .States for the District of Columbia.

¶4PER CURIAM.

¶5 Federal Rules of Civil Procedure, rule 73(b), 28 U.S.C.A. following section 723c, requires that a notice of appeal “designate •the judgment or part thereof appealed from.” Appellants wholly failed to comply -with this requirement. In some cases this would be a formal and not necessarily fatal . defect.1 But in this case orders of various sorts were entered at various times, and the -defect makes it impossible to decide either whether the appeal is timely or whether -it is from an appealable order. Since the .appeal, in any view, is without merit, it would be gratuitous to make assumptions in order to find that it is properly before us.

¶6Appeal dismissed.