Summary
The Supreme Court held that the parties could waive the separate-document requirement of Federal Rule of Civil Procedure 58 when the district court’s intent to enter a final decision was clear and no party was prejudiced. The Court concluded that the Second Circuit had appellate jurisdiction despite the absence of a separate judgment. It dismissed the writ of certiorari as improvidently granted because respondents advanced a different theory supporting affirmance of the appellate judgment.
Holdings
- The Second Circuit had appellate jurisdiction under 28 U.S.C. § 1291 even though the district court's dismissal was not set forth on a separate judgment document.
- Parties may waive the separate-judgment requirement of Federal Rule of Civil Procedure 58 when a separate judgment was accidentally not entered and the omission did not mislead or prejudice the opposing party.
- The writ of certiorari was dismissed as improvidently granted, and the Court did not reach the merits.
Questions Presented
- Whether the Second Circuit had appellate jurisdiction under 28 U.S.C. § 1291 despite the absence of a separate judgment document required by Federal Rule of Civil Procedure 58.
- Whether the parties could waive the separate-document requirement of Rule 58.
- Whether the Supreme Court should decide the merits of the Securities Exchange Act claim after the respondents advanced a different theory at oral argument.
Disposition
dismissed
Cases Cited (14)
- Mallis v. Federal Deposit Ins. Corp., 407 F. Supp. 7 (S.D.N.Y. 1975)(followed procedurally)
- Mallis v. Federal Deposit Ins. Corp., 568 F.2d 824 (2d Cir. 1977)(reviewed)
- United States v. Indrelunas, 411 U.S. 216 (1973)(limited)
- United States v. F. & M. Schaefer Brewing Co., 356 U.S. 227 (1958)(followed in principle)
- Foman v. Davis, 371 U.S. 178 (1962)(followed)
- Ex parte Tiffany, 252 U.S. 32 (1920)(cited)
- United States v. Hark, 320 U.S. 531 (1944)(cited)
- Lyons v. Davoren, 402 F.2d 890 (1st Cir. 1968)(cited)
- Sassoon v. United States, 549 F.2d 983 (5th Cir. 1977)(cited)
- Richland Trust Co. v. Federal Ins. Co., 480 F.2d 1212 (6th Cir. 1973)(cited)
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Cited In (0)
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Court Document
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