U.S. Court of Appeals for the Eleventh Circuit, 2025

Diego Trinidad v. Hotels.com L.P.

Diego Trinidad v. Hotels.com L.P.
U.S. Court of Appeals for the Eleventh Circuit · Decided May 6, 2025

Diego Trinidad v. Hotels.com L.P.

Opinion

USCA11 Case: 25-10092 Document: 26-1 Date Filed: 05/06/2025 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-10092 Non-Argument Calendar ____________________ DIEGO TRINIDAD, individually and on behalf of all others similarly situated, Plaintiff-Appellant, JOSE IGNACIO RIVERO, Plaintiff, versus TRIVAGO GMBH, a German limited liability company, et al.,

Defendants, USCA11 Case: 25-10092 Document: 26-1 Date Filed: 05/06/2025 Page: 2 of 3

2 Opinion of the Court 25-10092 HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, EXPEDIA GROUP, INC.,

Defendants-Appellees.

____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:19-cv-22629-FAM ____________________ Before NEWSOM, GRANT, and LUCK, Circuit Judges.

PER CURIAM: Diego Trinidad, proceeding pro se, appeals from the district court’s November 5, 2024, entry of judgment in favor of the de- fendants. Trinidad initially filed a notice of appeal challenging the November 5 judgment, which initiated appeal number 24-13855.

That appeal was dismissed for want of prosecution.

On January 6, 2025, one day before his initial appeal was dis- missed, Trinidad filed in this Court a document that was trans- ferred to the district court as a construed separate notice of appeal, which initiated this appeal. The defendants move to dismiss this appeal for lack of jurisdiction because the operative notice of appeal USCA11 Case: 25-10092 Document: 26-1 Date Filed: 05/06/2025 Page: 3 of 3

25-10092 Opinion of the Court 3 for this appeal is untimely and because this appeal is duplicative of appeal number 24-13855.

We lack jurisdiction over this appeal because Trinidad’s op- erative construed notice of appeal is untimely. See Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300 (11th Cir. 2010). Trinidad had un- til December 5, 2024, to file a notice of appeal from the November judgment, but he did not file his operative notice until January 6, 2025. See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A).

Accordingly, we GRANT the motion to dismiss and DISMISS this appeal for lack of jurisdiction.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.