Riches v. Snipes
JUDGMENT dismissing with prejudice this case. (Signed by Deputy Clerk) (AIQ)
Riches v. Snipes
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
O CALA DIVISION JONATHAN LEE RICHES, Plaintiff, -vsWESLEY SNIPES, Defendant. ______________________________________ Case No. 5:07-cv-376-Oc-10GRJ
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 September 21, 2007, this case is dismissed with prejudice.
Date: September 24, 2007 SHERYL L. LOESCH, CLERK
Ana I. Quinones
By: Copies furnished to: Counsel of Record Unrepresented Parties Deputy Clerk
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CIVIL 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 courts, o r final orders of bankruptcy courts which have been appealed to and fully resolved by a district court under 28 U .S .C . Section 158, generally are appealable. A final decision is one that "ends the litigation on the merits and leaves n o t h i n g for the court to do but execute the judgment." Pitney Bowes, Inc. V. Mestre, 701 F.2d 1365, 1368 (11th Cir. 1 9 8 3 ). A magistrate judge's report and recommendation is not final and appealable until judgment thereon is entered b y 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 u es except matters, such as attorneys' fees and costs, that are collateral to the merits, is immediately appealable. B u d i n 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 fy in g , refusing or dissolving injunctions or refusing to dissolve or modify injunctions..." and from " [ i] n ter lo c u to r y decrees...determining the rights and liabilities of parties to admiralty cases in which appeals from final d ec rees are allowed." Interlocutory appeals from orders denying temporary restraining orders are not permitted. 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 ec tio n 1292(b) must be obtained before a petition for permission to appeal is filed in the Court of Appeals. The d istr ic 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 in c lu d in g, 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 (11th C i r . 1989); Gillespie v. United States Steel Corp., 379 U.S. 148, 157, 85 S. Ct. 308, 312, 13 L.Ed.2d 199 (1964).
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 filed 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 6 0 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 ilin g . 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 within 1 4 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), w h ic h ev er 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 ro c ed u re of a type specified in this rule, the time for appeal for all parties runs from the date of entry of the order d is p o s in 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 days a fter expiration of the time otherwise provided to file a notice of appeal, upon a showing of excusable neglect or good c a u s e . Under Rule 4(a)(6), the time may be extended if the district court finds upon motion that a party did not timely rec eiv e notice of the entry of the judgment or order, and that no party would be prejudiced by an extension. 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 fo r filing. Timely filing may be shown by a declaration in compliance with 28 U.S.C. Section 1746 or a notarized s ta tem en t, either of which must set forth the date of deposit and state that first-class postage has been prepaid.
F o r m a t of the notice of appeal: Form 1, Appendix of Forms to the Federal Rules of Appellate Procedure, is a suitable format. S ee also Fed.R.App.P. 3(c). A pro se notice of appeal must be signed by the appellant E f f e c 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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