USCA11 Case: 24-11516 Document: 11-1 Date Filed: 07/01/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-11516 Non-Argument Calendar ____________________ TERRENCE EUGENE SMITH, SR., PAMELA KATHLEEN ASHE-SMITH, Plaintiffs-Appellants, versus WAFFLE HOUSE, INC., c/o Gregory Newman,

Defendant-Appellee.

____________________ Appeal from the United States District Court for the Northern District of Georgia USCA11 Case: 24-11516 Document: 11-1 Date Filed: 07/01/2024 Page: 2 of 2

2 Opinion of the Court 24-11516 D.C. Docket No. 1:23-cv-02136-SDG ____________________ Before ROSENBAUM, LUCK, and LAGOA, Circuit Judges.

PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit required Terrence Smith, Sr., and Pamela Ashe-Smith (“the Smiths”) to file a notice of appeal from the district court’s April 1, 2024 final judgment on or before May 1, 2024. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A).

However, the Smiths did not file a notice of appeal until May 6, 2024.

Further, there is no basis in the record for relief under Fed- eral Rules of Appellate Procedure 4(a)(5) or 4(a)(6). 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 expiration of the ap- peal period), 4(a)(6) (providing that the court may reopen the time to file an appeal for a period of 14 days where a party does not re- ceive notice of the entry of the judgment within 21 days of its entry and other requirements are met). 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.