DESTEFANO

v.

ILLINOIS

Citator

Cited By

• Gooch v. Skelly OIL Co., 493 F.2d 366 (10th Cir. 1974)
  …the presence or absence of “excusable neglect” as that term is used in Fed.R.App.P. 4 should not be overturned by us on appeal unless there has been a clear abuse of discretion. Buckley v. United States, 382 F. 2d 611 (10th Cir. 1967), cert. denied, 390 U.S. 997, 88 S.Ct. 1202, 20 L.Ed.2d 97 (1968). However, in the instant case, we conclude that the record simply does not support a finding of excusable neglect, which is of course essential to any extension of time within which to file a notice of appeal. In…
• Fase v. Seafarers Welfare AND Pension Plan, 574 F.2d 72 (2d Cir. 1978)
  …plied to the facts which are developed.’ ” Gooch v. Skelly Oil Co., 493 F. 2d 366, 369 (10th Cir.), cert. denied, 419 U.S. 997, 95 S.Ct. 311, 42 L.Ed.2d 270 (1974), quoting Buckley v. United States, 382 F. 2d 611, 614 (10th Cir. 1967), cert. denied, 390 U.S. 997, 88 S.Ct. 1202, 20 L.Ed.2d 97 (1968). This common sense approach is to be coupled with an awareness that the “excusable neglect” standard is intended to be a “strict one,” Stern, Changes in Federal Appellate Rules, 41 F.R.D. 297, 298-99 (1967), th…
• Willa Dean Lathrop v. Okla. City Hous. Auth., 438 F.2d 914 (10th Cir. 1971)
  …llowing the progress of the action and advising himself when the court makes the order he wishes to protest.” Long v. Emery, 383 F. 2d 392, 394 (10th Cir. 1967). Similarly, see Buckley v. United States, 382 F. 2d 611 (10th Cir. 1967) , cert. denied, 390 U.S. 997, 88 S.Ct. 1202, 20 L.Ed.2d 97 (1968). A court of appeals acquires jurisdiction of an appeal from a district court decision only upon the filing of a timely notice of appeal. Durham v. United States, 400 F. 2d 879 (10th Cir. 1968) , cert. denied,…