Sofarelli Assocs., Inc., & Sofarelli Assocs., Ltd. v. The United States, 716 F.2d 1395 (Fed. Cir. 1983). · Go Syfert
Sofarelli Assocs., Inc., & Sofarelli Assocs., Ltd. v. The United States, 716 F.2d 1395 (Fed. Cir. 1983). Cases Citing This Book View Copy Cite
119 citation events (59 in the last 25 years) across 12 distinct courts.
Strongest positive: Ultimate Appliance CC v. Kirby Co. (ca6, 2010-04-01)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Ultimate Appliance CC v. Kirby Co.
6th Cir. · 2010 · confidence medium
See, e.g., Rhoden v. Wyatt, No. 92-6017, 1992 WL 340953, at *1 (6th Cir. Nov.23, 1992); Price v. Morris, No. 87-3432, 1987 WL 44844, at *1 (6th Cir. Sept.22, 1987); Johnson v. Green, No. 86-6165, 1986 WL 18578, at *1 (6th Cir. Dec.8, 1986); see also Ludgood v. Apex Marine Corp. Ship Mgmt., 311 F.3d 364, 367 (5th Cir.2002); Mattson v. Brown Univ., 925 F.2d 529, 532 (1st Cir.1991); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Kurtenbach, 525 F.2d 1179, 1181 (8th Cir.1975).
discussed Cited as authority (rule) Portley-El v. Milyard
10th Cir. · 2010 · signal: cf. · confidence medium
Cf. Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983) ("Rule 26(c), however, has no application to the 60-day period specified in Rule 4(a)(1), as the latter rule states that the appeal time starts from the entry of the judgment, not from service of the notice of judgment." (emphasis added)). 12 .
discussed Cited as authority (rule) Marandola v. United States
Fed. Cir. · 2008 · confidence medium
The Maran-dolas mailed a notice of appeal to the Court of Federal Claims on June 8, 2007, as postmarked; it was received on June 12, 2007. “[T]he timely filing of a notice of appeal is a jurisdictional requirement.” Bowles v. Russell, — U.S. —, 127 S.Ct. 2360, 2366 , 168 L.Ed.2d 96 (2007); Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 , 103 S.Ct. 400 , 74 L.Ed.2d 225 (1982) (“It is well settled that the requirement of a timely notice of appeal is ‘mandatory and jurisdictional.’ ”); Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983).
cited Cited as authority (rule) McCullough v. United States
Fed. Cir. · 2007 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983).
cited Cited as authority (rule) McCullough v. United States
Fed. Cir. · 2007 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.
discussed Cited as authority (rule) Texas Peanut Farmers, Georgia Peanut Farmers, Alabama Peanut Farmers, South Carolina Peanut Farmers, and Florida Peanut Farmers v. United States
Fed. Cir. · 2005 · confidence medium
“The courts have uniformly held that the taking of an appeal within the prescribed time is mandatory and jurisdictional.” United States v. Robinson, 361 U.S. 220, 229 , 80 S.Ct. 282 , 4 L.Ed.2d 259 (1960); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). *1376 Conclusion Accordingly, the dismissal order of the Court of Federal Claims dismissing the case is vacated and the case is remanded with instructions to transfer.
discussed Cited as authority (rule) Texas Peanut Farmers v. United States
Fed. Cir. · 2005 · confidence medium
“The courts have uniformly held that the taking of an appeal within the prescribed time is mandatory and jurisdictional.” United States v. Robinson, 361 U.S. 220, 229 (1960); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.
discussed Cited as authority (rule) Cordon v. Greiner
S.D.N.Y. · 2003 · signal: cf. · confidence medium
This court held the three-day grace period for mailing to be inapplicable for extending the thirty days allowed for notice of appeal in Reynolds v. Hunt Oil Co., 643 F.2d 1042 (5th Cir.1981).”); cf. also Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983); Wyzik v. Employee Benefit Plan of Crane Co., 663 F.2d 348, 349 (1st Cir.1981). 3 .
discussed Cited as authority (rule) Gheorghian v. United States
Fed. Cir. · 2001 · confidence medium
P. 4(a)(1)(B); 28 U.S.C. §§ 2107 , 2522; Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 , 108 S.Ct. 400 , 74 L.Ed.2d 225 (1982) (the requirement of filing a timely notice of appeal is “mandatory and jurisdictional”); Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983).
discussed Cited as authority (rule) United States v. Sisneros
10th Cir. · 2001 · confidence medium
Savage v. Cache Valley Dairy Ass’n, 737 F.2d 887, 888 (10th Cir.1984); Haroutunian v. INS, 87 F.3d 374, 377 (9th Cir.1996); Sofarelli Assocs. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983); Welsh v. Elevating Boats, Inc., 698 F.2d 230, 231-32 (5th Cir.1983).
cited Cited as authority (rule) A-1 Amusement Co. v. United States
Fed. Cir. · 2001 · confidence medium
Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983).
cited Cited as authority (rule) E.I. DuPont De Nemours & Co. v. United States
Ct. Intl. Trade · 1998 · confidence medium
Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983).
discussed Cited as authority (rule) Mastag Garabed Haroutunian, AKA Ohannes Sassonian AKA Matsak Haroutunian AKA Matsag Haroutunian v. Immigration and Naturalization Service
9th Cir. · 1996 · confidence medium
See Savage v. Cache Valley Dairy Ass’n, 737 F.2d 887, 888 (10th Cir.1984); Sofarelli Assocs. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983); Welsh v. Elevating Boats, Inc., 698 F.2d 230, 231-32 (5th Cir.1983); see also In re Sanders, 59 B.R. 414, 416 (D.Mont.1986) (“It is widely recognized that the 30-day appeal period under Fed.
cited Cited as authority (rule) Raymond C. Hunter v. Dr. James McWeeney
6th Cir. · 1995 · confidence medium
See Cyrak v. Lemon, 919 F.2d 320, 323 (5th Cir. 1990); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.
discussed Cited as authority (rule) Cristobal Maldonado, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 3 Accordingly, IT IS ORDERED THAT: 4 (1) The Secretary's motion to waive the requirements of Fed.Cir.R. 27(e) is granted. 5 (2) The Secretary's motion to dismiss is granted. 6 (3) Each side shall bear its own costs.
discussed Cited as authority (rule) Delores F. Ganaba, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 3 Accordingly, IT IS ORDERED THAT: 4 (1) The Secretary's motion to waive the requirements of Fed.Cir.R. 27(e) is granted. 5 (2) The Secretary's motion to dismiss is granted. 6 (3) Each side shall bear its own costs. * The caption is revised as indicated
discussed Cited as authority (rule) Lawrence H. Ritchie, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 3 Accordingly, IT IS ORDERED THAT: 4 (1) The Secretary's motion to waive the requirements of Fed.Cir.R. 27(e) is granted. 5 (2) The Secretary's motion to dismiss is granted. 6 (3) Each side shall bear its own costs. * We treat Ritchie's June 21, 1994 letter to the court as an opposition
discussed Cited as authority (rule) Belen Arellano, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 3 Accordingly, IT IS ORDERED THAT: 4 (1) The Secretary's motion to dismiss is granted. 5 (2) Each side shall bear its own costs.
discussed Cited as authority (rule) Alfredo P. Bayaca, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sec. 7292 , a party may seek review of a decision of the Court of Veterans Appeals "by filing a notice of appeal with the Court of Veterans Appeals within the time and manner prescribed for appeal to United States courts of appeals from the United States district courts." Fed.R.App.P. 4(a), governing appeals from the district courts, requires that when the United States is a party, a notice of appeal must be filed with the trial court "within 60 days" from the date of entry of the judgment. 4 The filing of a timely notice of appeal is "mandatory and jurisdictional." Griggs v. Provident Consume…
discussed Cited as authority (rule) Marcelino T. MacAlipay Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 3 Accordingly, IT IS ORDERED THAT: 4 (1) The Secretary's motion to waive the requirements of Fed.Cir.R. 27(e) is granted. 5 (2) The Secretary's motion to dismiss is granted. 6 (3) Each side shall bear its own costs.
discussed Cited as authority (rule) Antonia Ydago Flores, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 3 Accordingly, IT IS ORDERED THAT: 4 (1) The Secretary's motion to waive the requirements of Fed.Cir.R. 27(e) is granted. 5 (2) The Secretary's motion to dismiss is granted. 6 (3) Each side shall bear its own costs.
discussed Cited as authority (rule) Agripina De Jesus Nollorca, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 3 Accordingly, IT IS ORDERED THAT: 4 (1) The Secretary's motion to waive the requirements of Fed.Cir.R. 27(e) is granted. 5 (2) The Secretary's motion to dismiss is granted. 6 (3) Nollorca's motions are denied. 7 (4) Each side shall bear its own costs. * This court previously granted Nollorca an extension of time to obtain counsel, in response to her motion to stay proceedings.
discussed Cited as authority (rule) Fausta A. Malabanan, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1994 · confidence medium
Sec. 7292 , a party may seek review of a decision of the Court of Veterans Appeals "by filing a notice of appeal with the Court of Veterans Appeals within the time and manner prescribed for appeal to United States courts of appeals from the United States district courts." Fed.R.App.P. 4(a), governing appeals from the district courts, requires that when the United States is a party, a notice of appeal must be filed with the trial court "within 60 days" from the date of entry of the judgment. 4 The filing of a timely notice of appeal is "mandatory and jurisdictional." Griggs v. Provident Consume…
discussed Cited as authority (rule) Lourdes L. Victor, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1993 · confidence medium
Sec. 7292 , a party may seek review of a decision of the Court of Veterans Appeals "by filing a notice of appeal with the Court of Veterans Appeals within the time and manner prescribed for appeal to United States courts of appeals from the United States district courts." Fed.R.App.P. 4(a), governing appeals from the district courts, requires that when the United States is a party, a notice of appeal must be filed with the trial court "within 60 days" from the date of entry of the judgment. 4 The filing of a timely notice of appeal is "mandatory and jurisdictional." Griggs v. Provident Consume…
discussed Cited as authority (rule) Valentine C. Noriega, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1993 · confidence medium
Further, the rules of the Court of Veterans Appeals do not apply to notices of appeal to this court. 5 The filing of a timely notice of appeal is "mandatory and jurisdictional." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 (1982); Sofarelli Associates Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983).
discussed Cited as authority (rule) William A. Smith, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs
Fed. Cir. · 1993 · confidence medium
Sec. 7292 , a party may seek review of a decision of the Court of Veterans Appeals "by filing a notice of appeal with the Court of Veterans Appeals within the time and manner prescribed for appeal to the United States district courts." Fed.R.App.P. 4(a), governing appeals from the district courts, requires, inter alia, that when the United States is a party, a notice of appeal must be filed with the trial court "within 60 days" from the date of entry of the judgment. 3 The filing of a timely notice of appeal is "mandatory and jurisdictional." Griggs v. Provident Consumer Discount Co., 459 U.S.…
discussed Cited as authority (rule) Follis Snow N' Turf v. The United States
Fed. Cir. · 1993 · confidence medium
Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed.Cir.1983). 4 Accordingly, IT IS ORDERED THAT: 5 (1) The United States' motion to dismiss is granted. 6 (2) Each side shall bear its own costs.
discussed Cited as authority (rule) Rhoden v. Wyatt
6th Cir. · 1992 · confidence medium
Mattson v. Brown Univ., 925 F.2d 529, 532 (1st Cir.1991); Cyrak v. Lemon, 919 F.2d 320, 323 (5th Cir.1990); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983). 4 The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction.
discussed Cited as authority (rule) Frank K. Hartle, Maxine E. Hartle and Dawn M. Janes v. The United States
Fed. Cir. · 1992 · confidence medium
Sofarelli Associates, Inc. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983). 4 Accordingly, IT IS ORDERED THAT: 5 The United States' motion to dismiss is granted. * * The court's dismissal of this appeal does not affect the appeal, if any, of the Claims Court's recent order denying Hartle's 60(b) motion
discussed Cited as authority (rule) David L. Howard v. The United States
Fed. Cir. · 1991 · confidence medium
Howard's notice was received by the Claims Court after the 60 day deadline had passed. 5 The timely filing of a notice of appeal is "mandatory and jurisdictional." Browder v. Director, Department of Corrections of Illinois, 434 U.S. 257, 264 , reh'g denied 434 U.S. 1089 (1978); United States v. Robinson, 361 U.S. 220, 229 (1960); Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983).
discussed Cited as authority (rule) Walls v. McClure
6th Cir. · 1990 · confidence medium
Sofarelli Assocs. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983); Welsh v. Elevating Boats, Inc., 698 F.2d 230, 232 (5th Cir.1983). 5 It is ORDERED that the motions to dismiss be granted and the appeal be, and it hereby is, dismissed for lack of jurisdiction.
discussed Cited as authority (rule) United States v. Alex Rodger, III
6th Cir. · 1988 · confidence medium
United States v. Zuleta-Molina, 840 F.2d 157 , 158 n. 1 (1st Cir.1988); Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983). 5 The failure of an appellant to timely file a notice of appeal deprives an appellate court of jurisdiction.
cited Cited as authority (rule) Donald R. Stevens v. Al C. Parke and Attorney General of Kentucky
6th Cir. · 1987 · confidence medium
Rule 4(a), Federal Rules of Appellate Procedure. see also Sofarelli Associates, Inc. v. U.S., 716 F.2d 1395, 1396 (Fed.
cited Cited as authority (rule) Northwest Commercial Fishermen's Federal Recovery Ass'n v. United States
Ct. Cl. · 1984 · confidence medium
Fed.R.App.P. 4(a)(1); Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983).
discussed Cited as authority (rule) Prestex, Inc. v. United States
Ct. Cl. · 1983 · confidence medium
Browder v. Director, Dept. of Corrections of Illinois, 434 U.S. 257, 264 , 98 S.Ct. 556, 560 , 54 L.Ed.2d 521 , reh’g denied, 434 U.S. 1089 , 98 S.Ct. 1286 , 55 L.Ed.2d 795 (1978); Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983).
discussed Cited "see" Pulungan v. United States (2×) also: Cited "see, e.g."
Fed. Cir. · 2012 · signal: see · confidence high
See Sofarelli, 716 F.2d at 1396 ; see also Bowles v. Russell, 551 U.S. 205, 213-14 (2007).
cited Cited "see" Cagadas v. Nicholson
Fed. Cir. · 2006 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).
cited Cited "see" Cruz v. Nicholson
Fed. Cir. · 2006 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).
cited Cited "see" Bertrand v. Nicholson
Fed. Cir. · 2006 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.
cited Cited "see" Apollo v. Nicholson
Fed. Cir. · 2005 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).
cited Cited "see" Fluellen v. Nicholson
Fed. Cir. · 2005 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir. 1983).
cited Cited "see" King v. United States
Fed. Cir. · 2005 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).
cited Cited "see" King v. United States
Fed. Cir. · 2005 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).
cited Cited "see" Marlin v. United States
Fed. Cir. · 2005 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).
discussed Cited "see" Robert K. Oja v. Department of the Army (2×)
Fed. Cir. · 2005 · signal: see · confidence high
See Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983).
cited Cited "see" Oja v. Dept. Of the Army
Fed. Cir. · 2005 · signal: see · confidence high
See Sofarelli Assocs., Inc. v. United States, 716 F.2d 1395, 1396 (Fed.
discussed Cited "see" Holland v. United States
Fed. Cir. · 2004 · signal: see · confidence high
See Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396 (Fed.Cir.1983) (“Rule 26(c), however, has no application to the 60-day period specified in Rule 4(a)(1), as the latter rule states that the appeal time starts from the entry of the judgment, not from service of the notice of judgment.”).
cited Cited "see" Bautista v. Principi
Fed. Cir. · 2003 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983).
cited Cited "see" Zapata Industries, Inc. v. W.R. Grace & Co.
Fed. Cir. · 2002 · signal: see · confidence high
See Sofarelli Associates, Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983) (appeal must be dismissed for lack of jurisdiction where notice of appeal is untimely).
cited Cited "see" Miller v. Principi
Fed. Cir. · 2001 · signal: see · confidence high
See Sofarelli Assoc., Inc. v. United States, 716 F.2d 1395 (Fed.Cir.1983); Placeway Const. Corp. v. United States, 713 F.2d 726, 728 (Fed.Cir.1983).
Retrieving the full opinion text from the archive…
SOFARELLI ASSOCIATES, INC., and Sofarelli Associates, Limited, Appellants,
v.
the UNITED STATES, Appellee
Appeal 83-721.
Court of Appeals for the Federal Circuit.
Sep 15, 1983.
716 F.2d 1395
Charles R. Allen, Jr., Roanoke, Va., for appellants., Sara V. Greenberg, Washington, D.C., for appellees. With her on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director, Washington, D.C.
Markey, Bennett, Smith.
Cited by 115 opinions  |  Published
BENNETT, Circuit Judge.

This is an appeal of a judgment of the United States Claims Court, 1 Cl.Ct. 241 (1982), denying appellant Sofarelli damages and/or an equitable adjustment under the “Changes” clause of a government construction contract. The government (appel-lee) asserts that this court lacks jurisdiction to hear this appeal, as appellant did not file a notice of appeal within 60 days after entry of the judgment by the Claims Court, as required by Fed.R.App.P. 4(a)(1) (Fed. Cir.R. 10(a) and Cl.Ct.Rule 72). We agree and therefore dismiss the appeal as untimely-

Fed.R.App.P. 4(a)(1) requires, inter alia, that when the United States is a party, a notice of appeal must be filed with the trial court within 60 days from the date of entry of the judgment. It is well settled that this requirement is “mandatory and jurisdictional.” See, e.g., Browder v. Director, Dept. of Corrections of Illinois, 434 U.S. 257, 264, 98 S.Ct. 556, 560, 54 L.Ed.2d 521; reh’g denied, 434 U.S. 1089, 98 S.Ct. 1286, 55 L.Ed.2d 795 (1978); Hernandez-Rivera v. Immigration & Naturalization Service, 630 F.2d 1352, 1354 (9th Cir.1980); Gribble v. Harris, 625 F.2d 1173, 1174 (5th Cir.1980).

The Claims Court entered judgment in this case on November 18, 1982. Appellant thus had until January 17, 1983, to file its notice of appeal. [1] Appellant filed its notice of appeal on January 19, 1983, two days after the expiration of the appeal period. No motion for an extension of time accompanied the notice of appeal, nor, as provided for in Fed.R.App.P. 4(a)(5), was one filed within 30 days after the expiration date in the court below.

Appellant asserts that the notice of appeal was timely filed, as Fed.R.App.P. 26(c) extended the 60-day period by 3 days. [2] Rule 26(c), however, has no application to the 60-day period specified in Rule 4(a)(1), as the latter rule states that the appeal time starts from the entry of the judgment, not from service of the notice of judgment. See Lashley v. Ford Motor Co., 518 F.2d 749, 750 (5th Cir.1975). Appellant’s notice of appeal was clearly untimely.

Appellant contends that even if the notice of appeal was untimely, this court could assert jurisdiction to hear this appeal under “certain circumstances.” Appellant cites Thompson v. Immigration & Naturalization Service, 375 U.S. 384, 84 S.Ct. 397, 11 L.Ed.2d 404 (1964), Harris Truck Lines v. Cherry Meat Packers, Inc., 371 U.S. 215, 83 S.Ct. 283, 9 L.Ed.2d 261 (1962), and Hernandez-Rivera, 630 F.2d 1352, in support of our jurisdiction over this appeal. The above cases are unavailing. In each case, the reviewing court instead held that the appeal should not be barred since “unique circumstances” had been shown. Specifically, the above cases presented the situation where the trial judge had granted a motion, believed timely, for an extension of time in which to file the notice of appeal. Here, appellant neither filed a motion for an extension of time within the required 60-day period nor filed a motion showing “excusable neglect” within 30 days after the expiration of the 60-day period. See Rule 4(a)(5). We cannot therefore assume juris[*1397] diction over this appeal. See 9 MOORE’S FEDERAL PRACTICE ¶ 204.13[2] at 4-104 (1983) (“The result of failure to file a timely notice of appeal, followed by failure to make a timely motion to be permitted to file one out of time, extinguishes the right to appeal beyond revival by either the district court or the court of appeals.”) (Footnote omitted.) [3]

Accordingly, we must dismiss the appeal for lack of jurisdiction.

DISMISSED.

1

. Since this date fell on a Monday, Fed.R. App.P. 26(a) is inapplicable.

2

. Rule 26(c) states, “Whenever a party is required or permitted to do an act within a prescribed period after service of a paper upon him and the paper is served by mail, 3 days shall be added to the prescribed period.”

3

. It should be noted that a showing of “excusable neglect” should be made before the trial court, not the court of appeals. See Rule 4(a)(5). Rule 26(b) states that the court of appeals “may not enlarge the time for filing a notice of appeal