918 F2d 174 Zeppeiro v. E Seaman III E III Pa

918 F.2d 174
Unpublished Disposition

Douglas ZEPPEIRO, Plaintiff-Appellant,
Robert E. SEAMAN, III, Robert E. Seaman, III, P.A., Seaman &
Graham, a South Carolina Partnership, Defendants-Appellees.

No. 90-2435.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 29, 1990.
Decided Nov. 19, 1990.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Karen L. Henderson, District Judge. (CA-88-450-3-16)

Douglas Zeppeiro, appellant pro se.

Susan Pedrick McWilliams, Nexsen, Pruet, Jacobs & Pollard, Columbia, S.C., for appellees.



Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.


view counter

Douglas Zeppeiro noted this appeal outside the 30-day appeal period established by Fed.R.App.P. 4(a)(1), and failed to move for an extension of the appeal period within the additional 30-day period provided by Fed.R.App.P. 4(a)(5). The time periods established by Fed.R.App.P. 4 are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). Appellant's failure to note a timely appeal or obtain an extension of the appeal period deprives this Court of jurisdiction to consider this case. We therefore grant appellee's motion and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.