Sherman v. Quinn

Federal 7th Circuit Court
Civil Court
Appellate Procedure
Citation
Case Number: 
Nos. 10-3722 & 10-3925 Cons.
Decision Date: 
January 3, 2012
Federal District: 
C.D. Ill.
Holding: 
Appeal dismissed
Ct. of Appeals dismissed for lack of jurisdiction plaintiff's appeal of Dist. Ct.'s order dismissing for failure to state valid claim plaintiff's lawsuit that challenged on First Amendment grounds certain appropriations from Illinois capital fund that were made to certain religious organizations, where Dist. Ct. improperly granted plaintiff's motion to file late notice of appeal. Record showed that plaintiff's counsel filed motion for extension of time one day after expiration of 30-day period for filing notice of appeal, and explanation given by counsel for his failure to file timely notice of appeal, i.e., that deadline "slipped through cracks" due to demands on his time arising out of his campaign for Illinois Governor during November 2010 general election, failed to establish excusable neglect required for extension of instant deadline.