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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal as premature. The appellants had noted an appeal before the district court ruled on their pending Rule 59 motion. Under Rule 4(a)(4) of the Federal Rules of Appellate Procedure, a notice of appeal filed before disposition of a timely Rule 59 motion is without effect. The Court of Appeals dismisses the appeal and notes that the appellants must file a new notice of appeal after the district court rules on their Rule 59 motion in order to properly appeal the district court's dismissal order.

    Original Description:

    Filed: 1994-03-07 Precedential Status: Non-Precedential Citations: 19 F.3d 11 Docket: 93-1996

    Original Title

    Herbert Warren Lux, Jr. Patsy Jean Lux v. Spotswood Construction Loans Kenneth S. Potter County of Spotsylvania Board of Supervisors Larry W. Davis Michael B. O'Keefe L. Kimball Payne, City Administrator, 19 F.3d 11, 4th Cir. (1994)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal as premature. The appellants had noted an appeal before the district court ruled on their pending Rule 59 motion. Under Rule 4(a)(4) of the Federal Rules of Appellate Procedure, a notice of appeal filed before disposition of a timely Rule 59 motion is without effect. The Court of Appeals dismisses the appeal and notes that the appellants must file a new notice of appeal after the district court rules on their Rule 59 motion in order to properly appeal the district court's dismissal order.

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    Public Domain
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    11 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal as premature. The appellants had noted an appeal before the district court ruled on their pending Rule 59 motion. Under Rule 4(a)(4) of the Federal Rules of Appellate Procedure, a notice of appeal filed before disposition of a timely Rule 59 motion is without effect. The Court of Appeals dismisses the appeal and notes that the appellants must file a new notice of appeal after the district court rules on their Rule 59 motion in order to properly appeal the district court's dismissal order.

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    of 2

    19 F.

    3d 11

    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.
    Herbert Warren LUX, Jr.; Patsy Jean Lux, Plaintiffs
    Appellants,
    v.
    SPOTSWOOD CONSTRUCTION LOANS; Kenneth S. Potter;
    County of
    Spotsylvania Board of Supervisors; Larry W.
    Davis; Michael B. O'Keefe; L. Kimball
    Payne, City Administrator,
    Defendants Appellees.
    No. 93-1996.

    United States Court of Appeals, Fourth Circuit.


    Submitted Feb. 17, 1994.
    Decided March 7, 1994.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge.
    (CA-92-813).
    Herbert Warren Lux, Jr., Patsy Jean Lux, appellants pro se.
    James Joseph Burns, Williams, Mullen, Christian & Dobbins, Richmond,
    VA; John Adrian Gibney, Jr., Shuford, Rubin & Gibney, Richmond, VA,
    for appellees.
    E.D.Va.
    DISMISSED.
    Before RUSSELL, MURNAGHAN and WILLIAMS, Circuit Judges.

    PER CURIAM:

    Appellants noted this appeal pending disposition of a timely Fed.R.Civ.P. 59(e)


    motion. We dismiss the appeal as premature.

    Under Fed. R.App. P 4(a)(4), a notice of appeal filed before disposition of a


    timely Fed.R.Civ.P. 59 motion is without effect, and a new notice of appeal
    must be filed within the appeal period measured from entry of the order
    disposing of judgment. See Acosta v. Louisiana Dep't of Health & Human
    Resources, 478 U.S. 251 (1986). Accordingly, we dismiss the appeal as
    premature.* 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.
    DISMISSED

    In order for Appellants to appeal the district court's order dismissing their case,
    they must file a new notice of appeal after the district court disposes of the
    pending Rule 59 motion

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