Task: Wrong Candidate Generation
Input (English): has sixty days after the judgment to file a notice of appeal. Fed. R.App. P. 4(a)(1)(B). Although the parties no longer contest the timeliness of this appeal, the timely filing of an appeal is “mandatory and jurisdictional.” Acevedo-Villalobos v. Hernandez, 22 F.3d 384, 387 (1st Cir.1994) (internal quotation marks omitted). Therefore, unless the sixty-day rule applies, we must dismiss for lack of jurisdiction. See id. (noting that court “lack[s] jurisdiction over late appeals”). The United States, its officer, or agency is a “party” to a case not only where it is a named party to the appeal, see In re Lloyd, Carr, & Co., 617 F.2d 882, 884 n. 1 (1st Cir.1980), but also where it has actively participated in the proceedings, see id.; cf. In re Serrato, 117 F.3d 427, 429 (9th Cir.1997) (<HOLDING>). This appeal encompasses challenges to two 
 Holding statements: (A) holding that us trustee did not become party merely by his involuntary appearance to quash a summons (B) holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance (C) holding that defendant did not waive special appearance (D) holding that party waived special appearance (E) holding the notice of appearance was not a motion under rule 12b2 4 or 5 and therefore the filing of the notice constituted a voluntary appearance by the defendants in this action which was the equivalent of the service of the summons upon them
Output (English): holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance