explained that the relevant question is whether a motion gave notice of the three elements required by Rule 3:" `the party or parties taking the appeal by naming each one in the caption or body of the notice'; `the judgment, order or part thereof appealed from'; and the `court to which the appeal is taken.' " Id. (quoting Rule 3(c)(1)). The court concluded by holding that the appellant's "Motion for Out of Time Notice of Appeal" satisfied these elements, was filed within the allowable time, and thus was the functional equivalent of a notice of appeal. Id. at 735-36.⁸

We find the Tenth Circuit's reasoning persuasive and join it, along with the Sixth and Seventh Circuits, in holding that a timely motion for extension of time to file a notice of appeal may be considered the functional equivalent of a notice of appeal provided it gives notice of the three elements required by Rule 3(c)(1). Andrade's declaration in support of his motion for extension of time states: "Leandro Andrade respectfully requests . . . an additional 60 days in which to file his notice of appeal." While this language does not preclude the possibility that Andrade may have elected not to appeal, we conclude that to require more explicit language conflicts with the Supreme Court's instruction that we liberally construe Rule 3's requirements. Smith v. Barry, 502 U.S. at 248. Andrade's motion for extension of time satisfied the three

⁸The Eleventh Circuit has concluded otherwise. After Smith v. Barry, it held that a motion for extension of time cannot be the functional equivalent of a notice of appeal unless "it is objectively clear [from the motion] that a party intends to appeal." Compare Rinaldo v. Corbett, 256 F.3d 1276, 1279-80 (11th Cir. 2001) (holding that a motion for extension of time is the functional equivalent of a notice of appeal where the party "specifically states that `Plaintiff . . . gives Court notice that he intends to appeal' "), with Harris v. Ballard, 158 F.3d 1164 (11th Cir. 1998) (holding that a motion for extension of time is not the functional equivalent of a notice of appeal where there is uncertainty as to whether the party will in fact appeal). See also Haugen v. Nassau County Dep't of Soc. Servs., 171 F.3d 136, 138 (2d Cir. 1999) (holding that a motion for extension of time is the functional equivalent of a notice of appeal where appellants stated they "will appeal" the judgment).

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