Boat Us, Inc. et al v. Agin et al

Filing 57

JUDGMENT (Signed by Deputy Clerk) (SPB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
F ORT MYERS DIVISION BOAT US, INC. a/s/o Bronson Arroyo, BRONSON ARROYO, individually, Plaintiffs, -vsCHRISTOPHER AGIN, in personam, SOUTHWEST FLORIDA MARITIME, INC., in personam doing business as Sea Tow Ft. Myers, M/V HAMMER HEAD, in rem, M/V QUEEN CONCH, in rem, Defendants. ______________________________________ Case No. 2:09-cv-127-FtM-36DNF

JUDGMENT IN A CIVIL CASE
Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order entered on March 17,2010, the following claims are dismissed, with prejudice, pursuant to the Motion: Plantiff Bronson Arroyo's claims against Defendant Christopher Agin and the M/V Queen Conch. Each party is to bear its own costs and attorneys' fees.

Date: March 18, 2010 SHERYL L. LOESCH, CLERK

By: /s/ Samantha Blake, Deputy Clerk c: All parties and counsel of record

C I V I L APPEALS JURISDICTION CHECKLIST 1. A p p e a la b le Orders: Courts of Appeals have jurisdiction conferred and strictly limited by statute: (a) A p p e a ls from final orders pursuant to 28 U.S.C. Section 1291: Only final orders and judgments of district c our ts, or final orders of bankruptcy courts which have been appealed to and fully resolved by a district court under 2 8 U.S.C. Section 158, generally are appealable. A final decision is one that "ends the litigation on the merits and lea ves nothing for the court to do but execute the judgment." Pitney Bowes, Inc. V. Mestre, 701 F.2d 1365, 1368 ( 1 1 t h Cir. 1983). A magistrate judge's report and recommendation is not final and appealable until judgment t h er e on is entered by a district court judge. 28 U.S.C. Section 636(c). I n cases involving multiple parties or multiple claims, a judgment as to fewer than all parties or all claims is not a final, appealable decision unless the district court has certified the judgment for immediate review under F e d .R . C i v. P . 54(b), Williams v. Bishop, 732 F.2d 885, 885-86 (11th Cir. 1984). A judgment which resolves all iss ues except matters, such as attorneys' fees and costs, that are collateral to the merits, is immediately appealable. B u d in i c h v. Becton Dickinson & Co., 486 U.S. 196, 201, 108 S. Ct. 1717, 1721-22, 100 L.Ed.2d 178 (1988); L a C h a n c e v. Duffy's Draft House, Inc., 146 F.3d 832, 837 (11th Cir. 1998). A p p e a ls pursuant to 28 U.S.C. Section 1292(a): Appeals are permitted from orders "granting, continuing, m o d i fyi n g, refusing or dissolving injunctions or refusing to dissolve or modify injunctions..." and from " [ i ] n t er l oc u t o r y decrees...determining the rights and liabilities of parties to admiralty cases in which appeals from f i na l decrees are allowed." Interlocutory appeals from orders denying temporary restraining orders are not p e r m i t te d . A p p e a l s pursuant to 28 U.S.C. Section 1292(b) and Fed.R.App.P.5: The certification specified in 28 U.S.C. S e c t io n 1292(b) must be obtained before a petition for permission to appeal is filed in the Court of Appeals. The dis tric t court's denial of a motion for certification is not itself appealable. A p p e a l s pursuant to judicially created exceptions to the finality rule: Limited exceptions are discussed in cases inc luding, but not limited to: Cohen V. Beneficial Indus. Loan Corp., 337 U.S. 541,546,69 S.Ct. 1221, 1225-26, 93 L .E d. 1528 (1949); Atlantic Fed. Sav. & Loan Ass'n v. Blythe Eastman Paine Webber, Inc., 890 F. 2d 371, 376 (1 1 th Cir. 1989); Gillespie v. United States Steel Corp., 379 U.S. 148, 157, 85 S. Ct. 308, 312, 13 L.Ed.2d 199 (19 64 ).

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T i m e for Filing: The timely filing of a notice of appeal is mandatory and jurisdictional. Rinaldo v. Corbett, 256 F.3d 1276, 1 2 7 8 (11th Cir. 2001). In civil cases, Fed.R.App.P.4(a) and (c) set the following time limits: (a) F ed .R .A p p .P . 4(a)(1): A notice of appeal in compliance with the requirements set forth in Fed.R.App.P. 3 must be f i le d in the district court within 30 days after the entry of the order or judgment appealed from. However, if the U n i te d States or an officer or agency thereof is a party, the notice of appeal must be filed in the district court within 60 days after such entry. THE NOTICE MUST BE RECEIVED AND FILED IN THE DISTRICT COURT N O LATER THAN THE LAST DAY OF THE APPEAL PERIOD - no additional days are provided for m a iling . Special filing provisions for inmates are discussed below. F ed .R .A p p .P . 4(a)(3): "If one party timely files a notice of appeal, any other party may file a notice of appeal w i th i n 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4 (a ), whichever period ends later." F ed .R .A p p .P .4 (a )(4 ): If any party makes a timely motion in the district court under the Federal Rules of Civil P roc edure of a type specified in this rule, the time for appeal for all parties runs from the date of entry of the order d i s p o s i n g of the last such timely filed motion. F ed .R .A p p .P .4 (a )(5 ) and 4(a)(6): Under certain limited circumstances, the district court may extend the time to file a notice of appeal. Under Rule 4(a)(5), the time may be extended if a motion for an extension is filed within 30 d a ys after expiration of the time otherwise provided to file a notice of appeal, upon a showing of excusable neglect o r good cause. Under Rule 4(a)(6), the time may be extended if the district court finds upon motion that a party did n ot timely receive notice of the entry of the judgment or order, and that no party would be prejudiced by an e x te n s io n . F e d .R . A p p.P .4 ( c ): If an inmate confined to an institution files a notice of appeal in either a civil case or a criminal c a s e, the notice of appeal is timely if it is deposited in the institution's internal mail system on or before the last day for filing. Timely filing may be shown by a declaration in compliance with 28 U.S.C. Section 1746 or a notarized s t a t em e n t, either of which must set forth the date of deposit and state that first-class postage has been prepaid.

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F or m a t of the notice of appeal: Form 1, Appendix of Forms to the Federal Rules of Appellate Procedure, is a suitable f o r m a t . See also Fed.R.App.P. 3(c). A pro se notice of appeal must be signed by the appellant E f f ec t of a notice of appeal: A district court loses jurisdiction (authority) to act after the filing of a timely notice of appeal, e x c e p t for actions in aid of appellate jurisdiction or to rule on a timely motion of the type specified in Fed.R.App.P. 4(a)(4).

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