Frederick Saunders v. Signature Flight Support, LLC
Frederick Saunders v. Signature Flight Support, LLC
Opinion
USCA11 Case: 25-12150 Document: 25-1 Date Filed: 11/03/2025 Page: 1 of 3
NOT FOR PUBLICATION
In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12150 Non-Argument Calendar ____________________ FREDERICK SAUNDERS, individually, Plaintiff-Appellant, versus SIGNATURE FLIGHT SUPPORT, LLC, a Delaware limited company, d.b.a. Signature Aviation, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:23-cv-00230-RBD-LHP ____________________ Before LAGOA, BRASHER, and ABUDU, Circuit Judges.
PER CURIAM: USCA11 Case: 25-12150 Document: 25-1 Date Filed: 11/03/2025 Page: 2 of 3
2 Opinion of the Court 25-12150 Frederick Saunders, pro se, appeals from the district court’s order and April 3, 2025, judgment awarding attorney’s fees to Sig- nature Flight Support, LLC, as well as the district court’s Septem- ber 12, 2024, order dismissing his complaint as a sanction under Federal Rule of Civil Procedure 37. Signature moves to dismiss the appeal as untimely. In response, Saunders argues that his appeal is timely under the doctrine of equitable tolling.
The timely filing of a notice of appeal in a civil case is a juris- dictional requirement, and we cannot entertain an appeal that is out of time. Green v. Drug Enf’t Admin., 606 F.3d 1296, 1300-01 (11th Cir. 2010). A notice of appeal in a civil case must be filed within 30 days after entry of the judgment or order appealed. 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). If the final day of an appeal period falls on a holiday or weekend, the final day to appeal be- comes the next day that is not a holiday or weekend. Fed. R. App. P. 26(a)(1)(C). Because federal courts have “no authority to create equitable exceptions to jurisdictional requirements,” the time re- quirements of § 2107 cannot be equitably tolled. Bowles v. Russell, 551 U.S. 205, 214 (2007).
Here, we lack jurisdiction over the appeal because it is un- timely. Saunders had until May 5, 2025, the first business day fol- lowing expiration of the 30-day appeal period, to appeal. See 28 U.S.C. § 2107; Fed. R. App. P. 26(a)(1)(C); Green, 606 F.3d at 1300-01. He did not file his notice of appeal until June 23, and § 2107’s time requirements cannot be equitably tolled. See Bowles, 551 U.S. at 214.
USCA11 Case: 25-12150 Document: 25-1 Date Filed: 11/03/2025 Page: 3 of 3
25-12150 Opinion of the Court 3 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.