Charles E. Willis v. Lansome Newsome, Warden, 747 F.2d 605 (11th Cir. 1984). · Go Syfert
Charles E. Willis v. Lansome Newsome, Warden, 747 F.2d 605 (11th Cir. 1984). Cases Citing This Book View Copy Cite
89 citation events (24 in the last 25 years) across 21 distinct courts.
Strongest positive: In re C.A.B.L. (coloctapp, 2009-11-12) · Strongest negative: Howard James Moore v. South Carolina Labor Board (cadc, 1996-11-19)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited "but see" Howard James Moore v. South Carolina Labor Board
D.C. Cir. · 1996 · signal: but see · confidence high
See, e.g., Center for Nuclear Responsibility v. NRC, 781 at 941 n. 11 (collecting cases); see also Prudential-Bache Securities, Inc. v. Fitch, 966 F.2d 981, 985 (5th Cir.1992) (applying unique circumstances doctrine where official notice of entry of order issued by clerk on behalf of court contained specific, erroneous assertion affecting appeal deadline); but see Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (unique circumstances exception held applicable where litigant relied upon erroneous oral representations made by district court clerk).
discussed Cited as authority (rule) In re C.A.B.L.
Colo. Ct. App. · 2009 · confidence medium
See, e.g., In re Wiersma, 483 F.3d 933 , 940 (9th Cir.2007) ("Under the doctrine of unique cireum-stances, a party's untimeliness in appealing an order may be excused if the party relied on the specific assurances of a court that the appeal would be timely."); In re Kloza, 222 Fed.Appx. 547, 550 , 2007 WL 313513 (9th Cir.2007) ("Unique cireumstances will excuse an untimely notice of appeal only if the bank-ruptey court explicitly extended the deadline for appeal and if a judicial officer has specifically assured an appellant that the appeal would be timely."); Feldberg v. Quechee Lakes Corp., …
discussed Cited as authority (rule) In Re CABL
Colo. Ct. App. · 2009 · confidence medium
See, e.g., In re Wiersma, 483 F.3d 933 , 940 (9th Cir. 2007) ("Under the doctrine of unique circumstances, a party's untimeliness in appealing an order may be excused if the party relied on the specific assurances of a court that the appeal would be timely."); In re Kloza, 222 Fed.Appx. 547, 550 , 2007 WL 313513 (9th Cir.2007) ("Unique circumstances will excuse an untimely notice of appeal only if the bankruptcy court explicitly extended the deadline for appeal and if a judicial officer has specifically assured an appellant that the appeal would be timely."); Feldberg v. Quechee Lakes Corp., 4…
discussed Cited as authority (rule) AgSouth Farm Credit, ACA v. Bishop (In Re Bishop)
D.S.C. · 2005 · confidence medium
Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984); see also Hollins v. Dep’t of Corr., 191 F.3d 1324, 1328 (11th Cir.1999) (“[O]ur own Circuit has articulated a ‘lenient formulation of the unique circumstances exception,’ which provides that any ‘judicial action’ prior to the expiration of the relevant time period for appeal that could have ‘lulled [the appellant] into inactivity’ may permit our application of the doctrine.”) (internal citations and some quotations omitted).
examined Cited as authority (rule) Jackson v. Crosby (5×) also: Cited "see"
11th Cir. · 2004 · confidence medium
See Hollins v. Department of Corrections, 191 F.3d 1324, 1326 (11th Cir.1999) (observing that the district court’s PACER system failed to show the district court’s entry of a final order); Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (noting that the clerk’s office gave assurances regarding “local custom” and practice for stamping notices of appeal).
discussed Cited as authority (rule) Spencer v. Sutton
4th Cir. · 2001 · confidence medium
Co., 970 F.2d 476, 478 (8th Cir. 1992) (finding SPENCER v. SUTTON 11 notice of appeal timely because the plaintiff was "lulled into inactiv- ity" by district court’s erroneously granted extension) (quoting Willis v. Newsome, 747 F.2d 605, 606 (11th Cir. 1984)); Fairley v. Jones, 824 F.2d 440, 442-43 (5th Cir. 1987) (detrimental reliance on magis- trate’s unauthorized extension of time for filing notice of appeal con- stituted "unique circumstances justifying our exercise of jurisdiction"); Government of the Virgin Islands v. Gereau, 603 F.2d 438 (3d Cir. 1979) (applying unique circumstance…
discussed Cited as authority (rule) Clifton E. Spencer v. Ernest Sutton (2×)
4th Cir. · 2001 · confidence medium
Co., 970 F.2d 476, 478 (8th Cir.1992) (finding notice of appeal timely because the plaintiff was “lulled into inactivity” by district court’s erroneously granted extension) (quoting Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984)); Fairley v. Jones, 824 F.2d 440, 442-43 (5th Cir.1987) (detrimental reliance on magistrate’s unauthorized extension of time for filing notice of appeal constituted “unique circumstances justifying our exercise of jurisdiction”); Government of the Virgin Islands v. Gereau, 603 F.2d 438 (3d Cir.1979) (applying unique circumstances doctrine to jurisdict…
examined Cited as authority (rule) Wilbert E. Hollins v. Department of Corrections of the State of Florida (4×) also: Cited "see", Cited "see, e.g."
11th Cir. · 1999 · confidence medium
Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984).
discussed Cited as authority (rule) Rezzonico v. H & R Block, Inc.
2d Cir. · 1999 · confidence medium
See Woods v. Wal-Mart, 124 F.3d 219 , 1997 WL 527668, at *2 (10th Cir.1997) (unpublished) (statement by clerk’s office personnel regarding whether a particular judgment had been entered); Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (assurances about clerk’s office’s “local custom” and practice for stamping-notices of appeal).
discussed Cited as authority (rule) John Rezzonico v. H & R Block, Inc.
2d Cir. · 1999 · confidence medium
See Woods v. Wal-Mart, 124 F.3d 219 , 1997 WL 527668, at *2 (10th Cir. 1997) (unpublished) (statement by clerk's office personnel regarding whether a particular judgment had been entered); Willis v. Newsome, 747 F.2d 605, 606 (11th Cir. 1984) (assurances about clerk's office's "local custom" and practice for stamping notices of appeal). 35 Here, the assurances appellants maintain they received deal not with clerical matters, but with the substance of the order itself and the basis for the district court's decision on the motion for a new trial.
discussed Cited as authority (rule) Schaefco, Inc. v. Columbia River Gorge Commission (2×)
Wash. · 1993 · confidence medium
(Italics mine.) United Artists, 771 F.2d at 1268 (quoting Willis v. Newsome, 747 F.2d 605, 606 (11th Cir. 1984)).
cited Cited as authority (rule) In re Puerto Rico Drydock & Marine Terminals, Inc.
D.P.R. · 1992 · confidence medium
Heller at 30 (quoting Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984)).
discussed Cited as authority (rule) Frederick Feinstein v. Morris and Joyce Moses, D/B/A Sun-Cal Products
1st Cir. · 1991 · confidence medium
Courts applying the unique circumstances exception “ ‘will permit an appellant to maintain an otherwise untimely appeal in unique circumstances in which the appellant reasonably and in good faith relied upon judicial action that indicated to the appellant that his assertion of his right to appeal would be timely, so long as the judicial action occurred prior to the expiration of the official time period such that the appellant could have given timely notice had he not been lulled into inactivity.’ ” Pinion v. Dow Chemical, U.S.A., 928 F.2d at 1526-27 , quoting Willis v. Newsome, 747 F.…
examined Cited as authority (rule) Mr. Jesse Pinion, Mrs. Jesse Pinion, Maurice Daffron, Shirley Daffron v. Dow Chemical, U.S.A. (6×) also: Cited "see"
11th Cir. · 1991 · confidence medium
Origins. 16 Essentially, under the "unique circumstances" doctrine, 17 [c]ourts will permit an appellant to maintain an otherwise untimely appeal in unique circumstances in which the appellant reasonably and in good faith relied upon judicial action that indicated to the appellant that his assertion of his right to appeal would be timely, so long as the judicial action occurred prior to the expiration of the official time period such that the appellant could have given timely notice had he not been lulled into inactivity. 18 Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984). 19 The principl…
cited Cited as authority (rule) Slimick v. Silva
9th Cir. · 1990 · confidence medium
Id., 771 F.2d at 1268 (citing Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (per curiam)).
discussed Cited as authority (rule) In Re Slimick
9th Cir. · 1990 · confidence medium
In that case, we stated that unique circumstances warranting review of an untimely appeal exist when 45 the appellant reasonably and in good faith relied upon judicial action that indicated to the appellant that his assertion of his right to appeal would be timely, so long as the judicial action occurred prior to the expiration of the official time period such that the appellant could have given timely notice had he not been lulled into inactivity. 46 Id., 771 F.2d at 1268 (citing Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (per curiam)).
discussed Cited as authority (rule) Bankr. L. Rep. P 73,520 in Re Dennis D. White, Debtor. Foremost Financial Services Corporation v. Dennis D. White and Mavis Gardner, Trustee
11th Cir. · 1990 · confidence medium
The justifiable reliance of appellant that the bankruptcy court would follow required notice procedures and rule only on matters properly before the court is comparable to the situation where a party’s appeal is deemed timely due to the appellants being misled by acts of judicial officers under the doctrine of “unique circumstances.” Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (per curiam) (good faith reliance on judicial action lulled appellant into inactivity), cert. denied, 475 U.S. 1050 , 106 S.Ct. 1273 , 89 L.Ed.2d 581 (1986); United States v. Velez, 693 F.2d 1081 , 1084 n.…
discussed Cited as authority (rule) Foremost Financial Services Corp. v. White (In re White)
11th Cir. · 1990 · confidence medium
The justifiable reliance of appellant that the bankruptcy court would follow required notice procedures and rule only on matters properly before the court is comparable to the situation where a party’s appeal is deemed timely due to the appellants being misled by acts of judicial officers under the doctrine of “unique circumstances.” Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (per curiam) (good faith reliance on judicial action lulled appellant into inactivity), cert. denied, 475 U.S. 1050 , 106 S.Ct. 1273 , 89 L.Ed.2d 581 (1986); United States v. Velez, 693 F.2d 1081 , 1084 n.…
discussed Cited as authority (rule) Patchet v. Anwiler (In Re Anwiler)
9th Cir. BAP · 1990 · confidence medium
See McKee v. Bi-State Development Agency, 801 F.2d 1014 (8th Cir.1986); Marane, Inc. v. McDonald's Corp., 755 F.2d 106 , 111 n. 2 (7th Cir.1985) (doctrine inapplicable on facts); Willis v. Newsome, 747 F.2d 605, 606-07 (11th Cir.1984) (per curiam); Myers v. Stephenson, 748 F.2d 202, 205-06 (4th Cir.1984) (dicta); Aviation Enterprises, Inc. v. Orr, 716 F.2d 1403 , 1406 n. 25 (D.C.Cir.1983) (per curiam); Alvestad v. Monsanto Co., 671 F.2d 908, 911 (5th Cir.) (doctrine inapplicable on facts), cert. denied, 459 U.S. 1070 , 103 S.Ct. 489 , 74 L.Ed.2d 632 (1982).
discussed Cited as authority (rule) Winkel Group v. Frontier Airlines (In Re Frontier Airlines) (2×)
D. Colo. · 1989 · confidence medium
Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984); see also Stauber v. Kieser, 810 F.2d 1, 1 (10th Cir.1982) (district court erroneously granted extension for filing of Fed.
discussed Cited as authority (rule) Robinson v. Evans
D.C. · 1989 · confidence medium
E.g., Thompson v. Immigration & Naturalization Service, 375 U.S. 384, 386-387 , 84 S.Ct. 397, 398-99 , 11 L.Ed. 2d 404 (1964); Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215, 217 , 83 S.Ct. 283, 285 , 9 L.Ed.2d 261 (1962); Center for Nuclear Responsibility, Inc. v. United States Nuclear Regulatory Commission, 251 U.S. App.D.C. 82, 88, 781 F.2d 935, 941 (1986); Willis v. Newsome, 747 F.2d 605, 606-607 (11th Cir.1984), opinion after remand, 771 F.2d 1445 (11th Cir. 1985), cert. denied, 475 U.S. 1050 , 106 S.Ct. 1273 , 89 L.Ed.2d 581 (1986).
discussed Cited as authority (rule) Timothy Malone v. John Avenenti, Warden Robert Corbin, Attorney General (2×)
9th Cir. · 1988 · confidence medium
This argument also lacks merit. 15 Under the "unique circumstances" doctrine, 16 [C]ourts will permit an appellant to maintain an otherwise untimely appeal in unique circumstances in which the appellant reasonably and in good faith relied upon judicial action that indicated to the appellant that his assertion of his right to appeal would be timely, so long as the judicial action occurred prior to the expiration of the official time period such that the appellant could have given timely notice had he not been lulled into inactivity. 17 United Artists, 771 F.2d at 1268 , quoting Willis v. Newsom…
discussed Cited as authority (rule) Thomas Edison Derks, Jr. v. Richard Dugger, William M. Ellis, Mr. Reed
11th Cir. · 1987 · confidence medium
In our opinion, this case, because of the unique circumstances, constitutes a very narrow exception that this Court adopted in Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984), where we held: the appellant reasonably and in good faith relied upon judicial action that indicated to the appellant that his assertion of his right to appeal would be timely, so long as judicial action occurred prior to the expiration of the official time period such that the appellant could have given timely notice had he not been lulled into inactivity.
cited Cited as authority (rule) George L. Barry v. Otis R. Bowen
9th Cir. · 1987 · confidence medium
See United Artists, 771 F.2d at 1269 ; Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984), cert. denied, — U.S. -, 106 S.Ct. 1273 , 89 L.Ed.2d 581 (1986); St.
examined Cited as authority (rule) In Re Provan (3×) also: Cited "see"
9th Cir. BAP · 1987 · confidence medium
Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984).
cited Cited as authority (rule) Felix Butler, Cross-Appellant v. Coral Volkswagen, Inc., Cross-Appellee
11th Cir. · 1986 · confidence medium
Id. at 606 (citations omitted).
discussed Cited as authority (rule) McAuley v. Orange Coast Thrift & Loan Ass'n (In Re McAuley)
9th Cir. BAP · 1986 · confidence medium
United Artists Corp. v. La Cage Aux Folies, Inc., 771 F.2d 1265, 1268 (9th Cir.1985) (quoting with approval from Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (per curiam), cert. denied, — U.S. -, 106 S.Ct. 1273 , 89 L.Ed.2d 581 .) See also Matter of Estate of Butler’s Tire & Battery Co., Inc., 592 F.2d 1028, 1031-32 (9th Cir.1979).
discussed Cited as authority (rule) Houghton v. COUNTY COM'RS OF KENT CTY. (2×)
Md. · 1986 · confidence medium
As stated in United Artists Corp. v. La Cage Aux Folles, Inc., 771 F.2d 1265, 1268 (9th Cir.1985). "`Courts will permit an appellant to maintain an otherwise untimely appeal in unique circumstances in which the appellant reasonably and in good faith relied upon judicial action that indicated to the appellant that his assertion of his right to appeal would be timely, so long as the judicial action occurred prior to the expiration of the official time period such that the appellant could have given timely notice had he not been lulled into inactivity.'" (Quoting Willis v. Newsome, 747 F.2d 605, …
discussed Cited as authority (rule) Center for Nuclear Responsibility, Inc. v. United States Nuclear Regulatory Commission (2×)
D.C. Cir. · 1986 · confidence medium
See also Myers v. Stephenson, 748 F.2d 202, 205 (4th Cir.1984) (dicta) (District Court assurance that untimely appeal was nonetheless permissible because of excusable neglect, when pro se appellant could have filed a motion for extension of time, misled appellant); Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984) (untimely appeal allowed where litigant relied on express representation by court clerk that notice of appeal would be stamped with date it was mailed, rather than date received); Aviation Enterprises, Inc. v. Orr, 716 F.2d 1403 , 1406 n. 25 (D.C.Cir.1983) (where District Court va…
examined Cited as authority (rule) United Artists Corp. & L.P.A.A., Marcello Danon v. La Cage Aux Folles, Inc. (4×) also: Cited "see"
9th Cir. · 1985 · confidence medium
Van de Kamp v. Tahoe Regional Planning Agency, 766 F.2d 1316 (9th Cir.1985) (Tahoe ); National Industries, Inc. v. Republic National Life Insurance Co., 677 F.2d 1258, 1264 (9th Cir.1982) (National Industries ); Hernandez-Rivera v. INS, 630 F.2d 1352, 1353-54 (9th Cir.1980); In re Estate of Butler's Tire & Battery Co., 592 F.2d 1028, 1031-32 (9th Cir.1979); see also Marane, Inc. v. McDonald's Corp., 755 F.2d 106 , 111 n. 2 (7th Cir.1985) (Marane ); Myers v. Stephenson, 748 F.2d 202, 205-06 (4th Cir.1984) (Myers ); Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1985) (per curiam) (Willis ); Avi…
cited Cited "see" Bennena Roe v. Sebastian Roe
Mich. Ct. App. · 2017 · signal: see · confidence high
See Willis v Newsome, 747 F 2d 605 (CA 11, 1984).
cited Cited "see" Bennena Roe v. Sebastian Roe
Mich. Ct. App. · 2017 · signal: see · confidence high
See Willis v Newsome, 747 F 2d 605 (CA 11, 1984).
discussed Cited "see" Vencor Hospitals, Inc. v. Standard Life & Accident Insurance
11th Cir. · 2002 · signal: see · confidence high
See Willis v. Newsome, 747 F.2d 605 (11th Cir.1984) (applying unique circumstances doctrine when employee of clerk’s office assured counsel his notice of appeal would be stamped as received on date of mailing).
cited Cited "see" Monahan v. DVI Financial Services, Inc.
7th Cir. · 2001 · signal: see · confidence high
See Willis, 747 F.2d at 606 .
cited Cited "see" Sondra J. Estle v. Country Mutual Insurance Company
8th Cir. · 1992 · signal: see · confidence high
See Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.1984).
discussed Cited "see" Eads v. Derwinski
Vet. App. · 1990 · signal: see · confidence high
See Willis v. Newsome, 747 F.2d 605, 606 (11th Cir.), cert. denied, 475 U.S. 1050 , 106 S.Ct. 1273 , 89 L.Ed.2d 581 (1985); cf. Thompson v. Immigration and Naturalization Service, 375 U.S. 384, 387-388 , 84 S.Ct. 397, 398-399 , 11 L.Ed.2d 404 (1964).
Retrieving the full opinion text from the archive…
Charles E. WILLIS, Petitioner-Appellant,
v.
Lansome NEWSOME, Warden, Respondent-Appellee
83-8842.
Court of Appeals for the Eleventh Circuit.
Nov 26, 1984.
747 F.2d 605
1984 U.S. App. LEXIS 16505
- Gerald P. Word, Carrollton, Ga., for petitioner-appellant., Mary Beth Westmoreland, Atlanta, Ga., for respondent-appellee.
Hatchett, Anderson, Clark.
Cited by 53 opinions  |  Published
PER CURIAM:

Willis petitions for rehearing from the panel’s dismissal of his appeal for failure to file a timely notice of appeal. On the record initially submitted with the appeal, it appeared that Willis’ notice of appeal was not filed until September 23, 1983, thirty-one days after the entry of judgment below. In an affidavit accompanying the instant petition, Willis’ attorney now asserts that the notice of appeal, which was received by the district court on September 23, was mailed on September 21 after a conversation with the district court clerk, in which the clerk informed counsel that according to local custom, the notice of appeal would be stamped September 21, 1983. At the time this conversation took place, Willis still could have filed a timely notice of appeal by hand delivery. In addition, if Willis had been told by the district court’s filing clerk that the notice had not been dated as filed on the 21st, and therefore was untimely, he had until October 21, 1983, to file a motion to extend.

Although the mailbox rule does not apply to notices of appeal, see Barksdale v. Blackburn, 647 F.2d 630 (5th Cir., 1981), rev’d on other grounds, 454 U.S. 1118, 102 S.Ct. 962, 71 L.Ed.2d 106 (1981), modified, 670 F.2d 22 (5th Cir.1982), and would not be an appropriate custom for the district court’s filing procedure, the instant case presents a somewhat different issue. If Willis was indeed relying on the district court’s representation that his notice of appeal would be timely if mailed on September 21, and was thus lulled into failing to arrange for an alternative method of filing or moving for an extension of time to file, the appeal should not have been dismissed as untimely. Courts will permit an appellant to maintain an otherwise untimely appeal in unique circumstances in which the appellant reasonably and in good faith relied upon judicial action that indicated to the appellant that his assertion of his right to appeal would be timely, so long as the judicial action occurred prior to the expiration of the official time period such that the appellant could have given timely notice had he not been* lulled into inactivity. See Thompson v. Immigration and Naturalization Service, 375 U.S. 384, 386-87, 84 S.Ct. 397, 398-99, 11 L.Ed.2d 404 (1967); Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215, 217, 83 S.Ct. 283, 285, 9 L.Ed.2d 261 (1962); Aviation Enterprises, Inc. v. Orr, 716 F.2d 1403, 1406 n. 25 (D.C.Cir.1983); Needham v. White Laboratories, Inc., 639 F.2d 394, 398 (7th Cir.), cert. denied, 454 U.S. 927, 102 S.Ct. 427, 70 L.Ed.2d 237. (1981); Flint v. [*607] Howard, 464 F.2d 1084, 1087 (1st Cir.1972). The Rules of Appellate Procedure “were not adopted to set traps and pitfalls by way of technicalities for unwary litigants.” Des Isles v. Evans, 225 F.2d 235, 236 (5th Cir.1955); see also Advisory Committee Notes to Federal Rules of Appellate Procedure 3 & 4 (“decisions under the present rules which dispense with literal compliance in cases in which it cannot fairly be exacted should control interpretation of these rules”).

We remand the instant case for the limited purpose of determining whether Willis reasonably and in good faith relied upon a representation by the district court as to the timeliness of his September 21 notice. If the district court so finds, such finding should be certified to this court, and we will assume jurisdiction over the merits of the appeal without requiring a second notice of appeal.

The petition for rehearing is GRANTED, our previous unpublished opinion, 738 F.2d 450, (11th Cir.1984), is VACATED, and the cause is REMANDED WITH INSTRUCTIONS.