Sapoundjiev, Vassil v. Ashcroft, John
Petition for rehearing denied.
Properties Unlimited v. Cendant Mobility (ND Ill.)
Before KANNE, ROVNER, and WOOD, Circuit Judges.Posted by Marcia Oddi at October 7, 2004 12:25 PM
WOOD, Circuit Judge. * * * Because Properties’ appeal was not filed in time, it is DISMISSED. As for the September 25 order that purported to clarify the order of July 24, the first thing to note is that Properties is not appealing from it as a separate matter, and thus the fact that its Notice of Appeal was filed within 30 days of that order makes no difference. To the extent that it has challenged the September 25 order as a standalone matter, we note that this order was entered under Rule 60(b), and we find no abuse of discretion in the district court’s decision to adhere to its original rulings. Cendant’s cross-appeal from the February 19, 2003 order, which merely indicated that the judge had intended to vacate both the May 24 order and the May 28 docketed judgment, is moot in light of our decision on Properties’ appeal and is therefore DISMISSED on that basis. Costs on this appeal are assessed against Properties.