With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal
B: 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
C: holding that technical inadequacy in the notice of appeal did not deprive the court of jurisdiction
D: 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
C.