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Source Delaware and Federal Civil Procedure Delaware and Federal Civil Procedure Matched to this deck.

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0 tracked cards Delaware Essays

In a federal civil case in the District of Delaware, the court announced a final decision on March 1 and entered a detailed memorandum opinion and order on the docket, but it did not enter a separate Rule 58 judgment. No party served any separate notice of entry. The losing party filed a notice of appeal 175 days after March 1. The appellee moves to dismiss as untimely. Which statement is most accurate?

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The appeal is untimely because no appeal may be filed beyond a fixed outer limit measured only from the judge's oral ruling. The appeal is timely only if the trial judge certifies the judgment for appeal after the notice is filed. The appeal is timely because the federal appeal period cannot begin until a separate document judgment is entered, and the appeal was filed before the 150-day outside entry rule plus 30 days expired. The appeal is timely only if the appellee agrees to waive the deadline.

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