Summary

Portrait of Antonin Scalia Antonin Scalia Smith v. Barry — Opinion of the Court

I agree with the judgment because Fed.Rule App.Proc. 3 (c) provides that " [a] n appeal shall not be dismissed for informality of form or title of the notice of appeal." I do not rely on the theory that petitioner's brief was the "functional equivalent" of a notice of appeal under a "liberal construction" of Rule 3. Ante, at 248. " [W] e should seek to interpret the rules neither liberally nor stingily, but only, as best we can, according to their apparent intent."
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