U.S. Court of Appeals for the Eleventh Circuit, 2024

K Union Company v. 2070 Beaver Ruin Center, LLC

K Union Company v. 2070 Beaver Ruin Center, LLC
U.S. Court of Appeals for the Eleventh Circuit · Decided May 16, 2024

K Union Company v. 2070 Beaver Ruin Center, LLC

Opinion

USCA11 Case: 24-10959 Document: 8-1 Date Filed: 05/16/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-10959 Non-Argument Calendar ____________________ K UNION COMPANY, Plaintiff-Counter Defendant-Appellee, versus 2070 BEAVER RUIN CENTER, LLC, a.k.a. RS Beaver Ruin Center, LLC,

Defendant-Counter Claimaint-Appellant.

____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-01585-SCJ USCA11 Case: 24-10959 Document: 8-1 Date Filed: 05/16/2024 Page: 2 of 2

2 Opinion of the Court 24-10959 ____________________ Before ROSENBAUM, NEWSOM, and GRANT, Circuit Judges.

PER CURIAM: 2070 Beaver Ruin Center, LLC (“Beaver Ruin Center”) ap- peals the district court’s January 30, 2024 judgment in favor of plaintiff K Union Company. The statutory time limit required Bea- ver Ruin Center to file a notice of appeal by February 29, 2024, which was 30 days after the district court’s January 30 judgment.

See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Bea- ver Ruin Center did not file its notice of appeal until March 1, 2024.

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).

Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. 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.

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