28 U.S.C. Section 1291 – Interpretation

In Diamond v. United States District Court for the Central District of California, 661 F.2d 1198 (9th Cir. 1981) the Ninth Circuit Court of Appeals stated:

"This Court has not previously addressed the issue whether an order denying a motion to file a late notice of appeal is itself appealable. However, we have little difficulty in concluding that such an order is appealable under 28 U.S.C. § 1291."

Title 28 U.S.C. § 1291 provides jurisdiction of the federal courts of appeals over final decisions of the district courts. 28 U.S.C.A. § 1291 ("The courts of appeals . . . shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. . . .").