Nasciemento v. Dummer, case no. 06-35062 (9th Cir. Nov. 21, 2007) presents a host of jurisdictional issues in a concise opinion. I recommend you read the entire opinion and will concentrate on just one of the issues here, since most of the principles in the opinion are well-established. Nasciemento purported to appeal from a non-appealable order of the Nevada district court that dismissed some, but not all, defendants and transfered the case to the Montana district court (the “transfer order”). After his appeal was dismissed, but nine days before the mandate issued, the Montana district court entered a discovery scheduling order. When the Montana court refused to extend time for…
-
-
Not Every Procedural Error is Jurisdictional
I know that sounds self-evident. But a jurisdictional challenge is your last hope on appeal if you’re relying on procedural irregularities that you let pass without objection. That’s because a jurisdictional defect can be raised any time in the course of the proceedings, so a party on appeal does not have to worry about having waived it. But the appellant in In re Angel S., case no. C054446 (3d Dist. Oct. 23, 2007, modified and ordered published Nov. 13, 2007) isn’t able to pull it off. The appellant in Angel S. had her probate guardianship of her 2-year-old great niece terminated after the girl suffered severe head injuries in appellant’s…
-
Jurisdiction Not Interesting?
Professor Martin at California Appellate Report lauds Judge Bybee for his opinion in SEC v. Ross, case no. 05-35541 (9th Cir. Oct. 15, 2007): It’s an erudite, comprehensive, and incredibly good opinion. On a subject (here, jurisdiction and service of process) that’s nowhere near inherently exciting. Nowhere near inherently exciting? Huh? Then again, my favorite first-year law school class was Civil Procedure, so I’ve been a bit odd from the beginning. That said, I’m too busy at the moment to read this lengthy decision. But I skimmed it, and here’s the first thing that jumped out at me: Bustos, a pro se appellant, beats Allen Matkins and the SEC and…