A.S. v R.S.

A.S. appealed the attorney fee award order entered by the district court. The Court dismissed. It held that electronic filings are field when the documents are received and posted by the court’s electronic filing manager and technical failures do not excuse late filing. It held A.S.’s motion for a an altered or amended judgment was untimely as it was posted the day after the deadline ran, the fact his supporting memorandum was posted within the 14 day window does not cure the lateness as Rule of Civil Procedure 59 requires the motion to be field not supporting documents and the memorandum did not meet the definition of motion as it was improperly titled and did not state the relief sought and ground relied upon. It held there was no basis to extend the time to appeal as the rule 59 motion was excluded from the list of motions which can be the basis to extend time and the only power the district court had when confronted with the untimely rule 59 motion was to deny it. It held that the district court erred in ruling on the motion as it was untimely, that the rule 59 motion did not extend the time to appeal, that the notice of appeal here was filed more than 30 days after the order was entered and thus the court lacked jurisdiction and the appeal must be dismissed. It finally awarded R.S. attorney fees on appeal and remanded for calculation.