U.S. Court of Appeals for the Eleventh Circuit, 2023

Lena Lindberg v. George Maxwell, III

Lena Lindberg v. George Maxwell, III
U.S. Court of Appeals for the Eleventh Circuit · Decided May 25, 2023

Lena Lindberg v. George Maxwell, III

Opinion

USCA11 Case: 23-11255 Document: 11-1 Date Filed: 05/25/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11255 Non-Argument Calendar ____________________ LENA MARIE LINDBERG, Plaintiff-Appellant, versus GEORGE W. MAXWELL, III, Attorney/Senior Judge, CHRISTINA MARIE SANCHEZ SERRANO, Domestic Violence Injunction Judge, GEORGE C. TURNER, JR., WILLIAM DAVID DUGAN, Circuit Judges, MICHELLE L. NABERHAUS, Family Judge, et al., USCA11 Case: 23-11255 Document: 11-1 Date Filed: 05/25/2023 Page: 2 of 3

2 Opinion of the Court 23-11255 Defendants-Appellees.

____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cv-01587-RBD-DCI ____________________ Before WILSON, ROSENBAUM, and BRASHER, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The statutory time limit required Lena Lindberg to file a no- tice of appeal on or before May 18, 2022, which was 30 days follow- ing the date judgment was deemed entered on the district court’s November 18, 2021 dismissal order. Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(7)(A), 26(a)(1)(C). However, Lindberg did not file a notice of appeal until April 8, 2023.

Additionally, there is no basis in the record for relief under Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accord- ingly, the notice of appeal is untimely and cannot invoke our ap- pellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010) (noting that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement, and we cannot entertain an appeal that is out of time).

USCA11 Case: 23-11255 Document: 11-1 Date Filed: 05/25/2023 Page: 3 of 3

23-11255 Opinion of the Court 3 All pending motions are denied as moot. No petition for re- hearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.

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