02.03.08
Word in Context: cavil
This one comes from Judge Posner:
A motion to alter or amend a judgment is deemed filed under Rule 59(e) of the civil rules, which tolls the time for filing an appeal from the judgment, if the motion is filed within 10 days after entry of the judgment, which means after the Rule 58 judgment order has been docketed. Fed. R. Civ. P. 58(b)(2); Laborers’ Pension Fund v. A & C Environmental, Inc., 301 F.3d 768, 775 n. 5 (7th Cir. 2002), Connecticut ex rel. Blumenthal v. Crotty, 346 F.3d 84, 92 (2d Cir. 2003). It is deemed filed under Rule 59(e) even if, as in this case, the motion is not labeled a Rule 59(e) motion and, again as in this case, does not say “alter or amend” (the language of Rule 59(e)), but instead uses a synonym, such as “vacate” or “reconsider.” Curry v. United States, 307 F.3d 664, 666 (7th Cir. 2002); Charles v. Daley, 799 F.2d 343, 347 (7th Cir. 1986); Jones v. UNUM Life Ins. Co. of America, 223 F.3d 130, 136-37 (2d Cir. 2000), Harcon Barge Co. v. D & G Boat Rentals, Inc., 784 F.2d 665, 668 (5th Cir. 1986)(en banc).
But we and most other courts do not cavil if, as also in this case, the motion is filed before the Rule 58 judgment order has been docketed or even before there is a Rule 58 judgment, provided that a final judgment has been rendered. E.g., Dunn v. Truck World, Inc., 929 F.2d 311 (7th Cir. 1991); Havird Oil Co. v. Marathon Oil Co., 149 F.3d 283, 288 (4th Cir. 1998); Kersey v. Dennison Mfg. Co., 3 F.3d 482, 485 n. 7 (1st Cir. 1993); cf. Fed. R. App. P. 4(a)(2); FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269 (1991); Chicago United Industries, Ltd. v. City of Chicago, 445 F.3d 940, 943 (7th Cir. 2006).
Borrero v. City of Chicago, 456 f.3d 698 (7th Cir. 2006). Cavil, which functions as both a noun and a verb, means to raise objections, but not just any objections! The word conveys that the objections are trivial or annoying. Perhaps aggravated law clerks or judges out there may appreciate employing this word to vent some frustration civilly and subtly against a caviling litigant.