Diana Lugo v. Birmingham Jefferson County Transit Authority

U.S. Court of Appeals for the Eleventh Circuit

Diana Lugo v. Birmingham Jefferson County Transit Authority

Opinion

USCA11 Case: 23-13904 Document: 12-1 Date Filed: 03/26/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13904 Non-Argument Calendar ____________________

DIANA YAZMIN LUGO, Plaintiff-Appellant, versus BIRMINGHAM-JEFFERSON COUNTY TRANSIT AUTHORITY,

Defendant-Appellee.

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Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 2:22-cv-00362-ACA ____________________ USCA11 Case: 23-13904 Document: 12-1 Date Filed: 03/26/2024 Page: 2 of 2

2 Opinion of the Court 23-13904

Before ROSENBAUM, GRANT, and LUCK, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Diana Lugo appeals from the district court’s “sanction judg- ment entered on October 2, 2023.” However, the court did not impose sanctions on Lugo during the October 2 hearing or at any other time. Accordingly, Lugo’s notice of appeal fails to designate an existing judgment or order, and we lack jurisdiction over her appeal. See Bogle v. Orange Cnty. Bd. Of Cnty. Comm’rs, 162 F.3d 653, 661 (11th Cir. 1998) (noting that a notice of appeal must designate an existing judgment or order, not one that is merely expected or within the appellant’s contemplation when the notice of appeal is filed); Fed. R. App. P. 3(c)(1)(B). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.

Reference

Status
Unpublished