No. 18-1380

Thomas P. Gannon v. Riverwatch Condominium Owners' Assn., et al.

Lower Court: Third Circuit
Docketed: 2019-05-02
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-1927 appeal-procedure appellate-procedure attorney-fees attorney-sanctions civil-procedure dismissal-of-appeal due-process judicial-discretion notice-of-appeal procedural-technicality standing
Key Terms:
SocialSecurity Securities
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether an attorney's notice of appeal that identifies the judgment being appealed but does not specify the attorney as the party taking the appeal should result in dismissal of the appeal

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should an attorney be punished with the severe penalty of the dismissal of his appeal where his notice of appeal reports that the appeal is from a specific judgment that applies only to attorneys under 28 U. S. Code §1927 but the notice does not name the attorney as the party taking the appeal? 2. Should a petitioner be punished with the severe sanction of the dismissal of his appeal where within the 30 day appeal period the opposing litigant filed and served the functional equivalent of a notice of appeal from the judgment assessing attorney fees against the petitioner under 28 U. S. Code §1927?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-12
DISTRIBUTED for Conference of 10/1/2019.
2019-05-22
Brief of respondent Riverwatch Condominium Owners Association in opposition filed.
2019-05-10
Waiver of right of respondent Senior Judge Charles B. Burr, II to respond filed.
2019-04-30
Petition for a writ of certiorari filed. (Response due June 3, 2019)

Attorneys

Riverwatch Condominium Owners Assn
Robert C. Ewing — Respondent
Robert C. Ewing — Respondent
Senior Judge Charles B. Burr, II
A. Taylor WilliamsAdministrative Office of, Respondent
A. Taylor WilliamsAdministrative Office of, Respondent
Thomas Gannon
Thomas P. Gannon — Petitioner
Thomas P. Gannon — Petitioner