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To read comments to this article, go here
An Appeal in SCO v. Novell - But Not the One You Expected
Tuesday, August 05 2008 @ 02:53 PM EDT

The guy who tried to intervene from prison in SCO v. Novell and was denied has filed a notice of appeal. That means the court clerk has to send the entire docket to the appeals court with his notice and the original order.

I started to feel a measure of indignation, but then I realized that I feel pretty much the same way about SCO tying up the courts with what I view as nonsense. So what can you do? Some folks will do performance art, some will misuse the courts for anticompetitive reasons, etc. It is what it is.

The court has already sent the necessary papers along. Also, the court has granted Novell an extension of time to file a proposed final judgment and pre-judgment interest submission, which the parties had stipulated to. The new date is August 22. The parties had jointly made the request for more time, because they are negotiating to try to resolve some remaining issues between them, including one big one -- should this be a final judgment prior to the arbitration and the constructive trust being decided?

Here is the docket:

08/01/2008 - 544 - ORDER granting 543 Motion for Extension of Time for Proposed Final Judgment and Pre-Judgment Interest Submission. Signed by Judge Dale A. Kimball on 7/31/08. (jwt) (Entered: 08/01/2008)

08/01/2008 - 545 - NOTICE OF APPEAL as to 541 Order on Motion for Miscellaneous Relief filed by Jonathan Lee Riches. Appeals to the USCA for the Tenth Circuit. Fee Status: Not Paid. (jmr) (Entered: 08/04/2008)

08/04/2008 - 546 - Transmission of Preliminary Record to USCA re 545 Notice of Appeal; packet to appellant. (Attachments: # 1 Notice of Appeal, # 2 Order, # 3 Docket)(jmr) (Entered: 08/04/2008)

You will notice the appellant did not pay the fee. Here's what can happen if you don't pay the fee, or here, or at least file asking the court to let you use the court system without paying the fee. Or more accurately asking the court to make you and me to pay the fee.


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