That is false and incorrect. A notice of appeal has been filed. The appeal is the appellant's brief and appendix which must be filed by May 26, 2021. He is correct. The appeal has not been filed. Look at the notice of appeal as the equivalent of purchasing an index number. The lawsuit is the complaint, not the purchasing of the index number. In this case, the appeal is the brief. Appellate courts are very precise on timing so if the brief is not filed by May 26, 2021, there will probably be no appeal.