I was just wondering if there was anything I could file to give me more then 14 days to file my motion to amend and make additional findings of facts?
A: The 14-day appeal deadline is jurisdictional. If you miss the deadline, your right to appeal expires. However, if you file the motion to reconsider (alter or amend) after 14 days, the motion will be treated as a motion for relief from judgment or order. FRCP 60(b). If the Rule 60(b) motion is denied, then you can appeal the denial, but you can only appeal the reasons for the denial and not the reasons for the denial of the underlying claim (which is "splitting hairs," but that's what you're up against).
When filing this motion can you tell me what elements must I argue?
A: mistake, inadvertence, surprise or excusable neglect; newly-discovered evidence that by due diligence could not have been discovered in time to move for a new trial under FRBP 59(b); fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; the underlying judgment is void; the underlying judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or any other reason justifying relief from operation of the judgment. FRBP 9024 (incorporating FRCP 60(b).
See also, Pioneer Investment Services Co. v. Brunswick Assocs. Ltd.Partnership , 507 U.S. 380, 395, 113 S.Ct. 1489, 1494-1498 (1993); In re Payless Cashways, Inc., 230 B.R. 120, 138 (8th Cir. BAP 1999) (motion for reconsideration of disallowed claim denied based on Pioneer standards)
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