Under Federal Rule of Civil Procedure 58(c) and Federal Rule of Appellate Procedure 4(a)(1)(A), if a separate judgment is required but never entered, the time to appeal runs 150 days after final disposition of the action, and the notice of appeal must be filed within 30 days thereafter. Here, a jury’s special verdict resolved all issues in the case and was a final decision that triggered the 150-day rule since no separate judgment was entered. Defendant did not appeal until 49 days after the expiration of the 150 day period, so his appeal was untimely and had to be dismissed.
Ninth Circuit Court of Appeals (Nguyen, J.; Rawlinson, J., dissenting); March 12, 2018; 2018 WL 1247371