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To: WildHorseCrash
... the time to appeal the Kitzmiller v. Dover decision expired yesterday, by my estimation. Since no appeal was taken, the decision by Judge Jones is now final and unappealable.

The decision is dated December 20. That's when the judge signed the order. Technically, however, the appeal time expires 30 days after the date the decision is entered, which is a technical term, and the date of entry may be a day or so after the decision's printed date. It depends on when it's officially filed and docketed in the court clerk's office. Paper-shuffling stuff. (It can save a panicked lawyer who fears he's too late with his notice of appeal if he discovers that, due to sluggish action in the clerk's office, he's actually within 30 days of the decision's entry.) So it may be theoretically possible for a notice of appeal to be filed tomorrow or the next day, and still be timely. But the school board has already decided not to appeal, so it doesn't really matter.

372 posted on 01/20/2006 4:28:17 PM PST by PatrickHenry (Virtual Ignore for trolls, lunatics, dotards, scolds, & incurable ignoramuses.)
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To: PatrickHenry
The decision is dated December 20. That's when the judge signed the order. Technically, however, the appeal time expires 30 days after the date the decision is entered, which is a technical term, and the date of entry may be a day or so after the decision's printed date. It depends on when it's officially filed and docketed in the court clerk's office.

True enough, which is why I checked the dockets before posting. The dockets show that the opinion was signed and docketed ("entered") on December 20, 2005.

Memorandum Opinion.Signed by Judge John E. Jones III on 12/20/05. (eo, ) (Entered: 12/20/2005)

390 posted on 01/22/2006 7:58:02 AM PST by WildHorseCrash
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