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

Paid petition · United States Court of Appeals for the Third Circuit, No. 18-2152 · judgment December 10, 2018


Certiorari denied · October 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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?

Counsel of record

For petitioner
Thomas P. Gannon

For respondent
Robert C. Ewing

Case

Conference history
Distributed for 1 conference

Proceedings

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