Howell et al v. NuCar Connection, Inc. et al
Filing
49
ORDER denying 48 Motion for Relief from Attached Order Pursuant to FRBP 9024. Signed by US District Judge Terrence W. Boyle on 7/12/2018. Copy sent via US Mail to 207 Dobbs Dr., La Grange, NC 28551. (Stouch, L.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISON
No. 5:17-CV-536-BO
ALICE ANNETTE HOWELL and BURL
ANDERSON HOWELL,
Appellants,
)
)
)
)
)
)
)
)
)
)
v.
NU CAR CONNECTION, INC., ALLY
FINANCIAL, INC., and the STATE of
DELAWARE,
Appellees.
ORDER
This cause comes before the Court on appellants' motion [DE 48]. For the reasons
discussed below, that motion is denied.
Appellants originally appealed to this Court from the bankruptcy court on October 23,
2017. [DE 1]. The Court dismissed their appeal on April 9, 2018. [DE 42]. Appellants then
noticed their appeal to the Fourth Circuit. [DE 45]. On June 15, 2018, appellants filed the instant
motion in this case. The motion is titled "Motion for Relief from Attached Order." The attached
order is the original bankruptcy court order, and the motion is addressed to the "Fourth Circuit
U.S. Court of Appeals."
Filing a notice of appeal grants jurisdiction of a case to the court of appeals and takes it
away from the district court. Doe v. Public Citizen, 749 F.3d 246, 258 (4th Cir. 2014). Rule 59 of
the Federal Rules of Civil Procedure provides a limited exception to this. A district court may
consider a party's motion to alter or amend judgment after an appeal is docketed ifthe motion is
made within 28 days of the entry of judgment. Fed. R. Civ. P. 59; see also Zinkand v. Brown,
478 F.3d 634, 637 (4th Cir. 2007).
1
Appellants' motion is a jumble of disconnected sentences addressed to the Fourth Circuit.
This court no longer has jurisdiction over the case, as appellants have noticed their appeal. To the
extent appellants' motion can be construed as a motion under Rule 59, it is dismissed as
untimely, as judgment was entered in this case on April 9, 2018.
The motion [DE 48] is DENIED.
SO ORDERED, this the
Jk_ day of July, 2018.
~~
TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?