from the instant case, which involves a timely appeal from a final judgmen 1, 98 S.Ct. 2170, 57 L.Ed.2d 43 (1978) (“A mistake in designating the judgment appealed from is not always fatal, so long as the intent to appeal from a specific ruling can fairly be inferred by probing the notice and the other party was not misled or prejudiced.”); Foman v. Davis, 371 U.S. 178, 181-82, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (“The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.”) (internal quotation marks omitted); LeBoon v. Lancaster Jewish Community Center Association, 503 F.3d 217, 225, n. 6 (3rd Cir.2007) (<HOLDING>); KH Outdoor, LLC v. City of Trussville, 465
holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed holding that the same principles of commonsense  that led the court  to conclude that the technical requirements for a notice of appeal were not mandatory where the notice did not mislead or prejudice the appellee demonstrate that parties to an appeal may waive the separatejudgment requirement of rule 58 holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal holding that technical inadequacy in the notice of appeal did not deprive the court of jurisdiction holding the court lacked jurisdiction where the defendant failed to file a notice of appeal on the attorneys fee issue because a supplemental notice of appeal is required for us to have jurisdiction over an attorneys fees issue that becomes final subsequent to the initial notice of appeal