Winchell v. Lortscher’s Empirical Analysis

Citation profile

23 federal appellate · 2 district · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Advisory Committee Note to the 1966 amendment to former Rule 73(a) does not indicate what grounds other than failure to learn of entry of judgment will support a finding of excusable neglect, noting only that the district court should be empowered to extend the time for other reasons ‘in extraordinary cases where injustice would otherwise result.’ The Committee Note to a corresponding change to former Rule 37(a) (2) of the Federal Rules of Criminal Procedure, which for the first time authorized the district court to extend the time for appeal in a criminal case, gives some indication of the circumstances under which extension of time may, in the discretion of the district court, be granted in civil cases as well. The cases referred to in the Committee Note accompanying former Rule 37(a) (2) as illustrative of the need for limited authority in the district court to extend the time for appeal involve disability of the person to whom the notice had been entrusted for filing by reason of sudden illness, and unusual and uncontrollable delay in transmission by mail. Other grounds which suggest themselves are the death of a party entitled to appeal before the appeal is taken, or the death or disability of the attorney for a party, under circumstances which prevent the timely filing of a notice of appeal. But it must be emphasized that in the terms of the Committee Note, ‘no reason other than failure to learn of the entry of judgment should ordinarily excuse a party,’ and that i”

   3 later decisions quote this exact passage
   e.g. Coleman v. Block · Vogelsang v. Patterson Dental Co.

2. ““The inescapable conclusion that must be drawn when reading these notes and the rules to which they apply is that when the rules speak of giving notice to a party, they are expressing the accepted legal principle that notice to the attorney is notice to the party. See, Annotation, Extension of Time For Appeal, 9 L.Ed.2d 1088 , 1092-1093. It is the duty of the attorney to act for his client in all legal matters. When notice was received by appellant’s attorney on August 2, 1966, there was timely notification to a party within the meaning of Rule 73(a) and it was therefore incumbent upon counsel to take timely action within the original 30 days after the entry of an appealable order to preserve his right of appeal. This he failed to do.” 377 F.2d at 253-254 .”

   1 later decision quote this exact passage
   e.g. Neuringer v. Wortman

3. “[T]he district court should have authority to permit the notice to be filed out of time in extraordinary cases where injustice would otherwise result, [however] it is clear that it remains incumbent upon appellant to show that he comes precisely within the scope of Rule 73(a) which still requires a showing of excusable neglect....”

   1 later decision quote this exact passage
   e.g. Vogelsang v. Patterson Dental Co.