James Taylor v. Freedom Mortgage Corporation

U.S. Court of Appeals for the Eleventh Circuit

James Taylor v. Freedom Mortgage Corporation

Opinion

USCA11 Case: 23-13852 Document: 13-1 Date Filed: 03/28/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-13852 Non-Argument Calendar ____________________

JAMES LAMONT TAYLOR, Plaintiff-Appellant, versus FREEDOM MORTGAGE CORPORATION,

Defendant-Appellee.

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Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 1:22-cv-00154-JRH-BKE ____________________ USCA11 Case: 23-13852 Document: 13-1 Date Filed: 03/28/2024 Page: 2 of 2

2 Order of the Court 23-13852

Before JORDAN, JILL PRYOR, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit required James Taylor to file a notice of appeal from the district court’s May 1, 2023 final judg- ment on or before May 31, 2023. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Taylor did not file a notice of appeal until November 17, 2023. Further, there is no basis in the record for relief under Fed- eral Rules of Appellate Procedure 4(a)(5) or 4(a)(6) because Taylor did not move to extend or reopen the appeal period or indicate in his notice of appeal that he failed to receive formal notice of the entry of judgment. See Fed. R. App. P. 4(a)(5) (providing that a party may move to extend the time for filing a notice of appeal within 30 days of entry of final judgment); see Fed. R. App. P. 4(a)(6)(A) (providing that the court may reopen the time to file an appeal for a period of 14 days where a party does not receive notice of the entry of the judgment). Accordingly, the notice of appeal is untimely and cannot invoke our appellate jurisdiction. See Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017). 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Unpublished