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

Lena Lindberg v. Dean LaCorte

Lena Lindberg v. Dean LaCorte
U.S. Court of Appeals for the Eleventh Circuit · Decided June 8, 2023

Lena Lindberg v. Dean LaCorte

Opinion

USCA11 Case: 23-11256 Document: 19-1 Date Filed: 06/08/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11256 Non-Argument Calendar ____________________ LENA MARIE LINDBERG, Plaintiff-Appellant, versus DEAN LACORTE, owner, beachside storage and office park, TY BERDEAUX, court operations manager, MATTHEW PATTERSON, deputy clerk, SCOTT ELLIS, brevard county clerk of court, retired, ROBERT BLAISE TRETTIS, public defender, USCA11 Case: 23-11256 Document: 19-1 Date Filed: 06/08/2023 Page: 2 of 3

2 Opinion of the Court 23-11256 et al.,

Defendants-Appellees.

____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cv-01747-RBD-DCI ____________________ Before WILSON, BRANCH, and LUCK, 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 31, 2022, which was the next busi- ness day after 30 days following the date judgment was deemed entered on the district court’s November 29, 2021 dismissal order. 28 U.S.C. § 2107(a); Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(1)(A), (7)(A), 26(a)(1)(C). However, Lindberg did not file a notice of ap- peal 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 USCA11 Case: 23-11256 Document: 19-1 Date Filed: 06/08/2023 Page: 3 of 3

23-11256 Opinion of the Court 3 appeal in a civil case is a jurisdictional requirement, and we cannot entertain an appeal that is out of time).

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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