Choice Hotels International, Inc. v. Bennett
Opinion
In appeal No. 05-1026, Patrick Bennett appeals from the district court’s orders granting summary judgment in favor of Choice Hotels International, Inc., on its breach of contract claim, denying Bennett’s motion to alter or amend the judgment, and granting summary judgment against Bennett on his third-party claims for conversion and indemnification. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Choice Hotels Int’l, Inc. v. Bennett Financial, No. 8:01-cv-01457-DKC (D.Md. Mar. 18, June 21 & Dec. 6, 2004).
In appeal No. 06-1372, Bennett appeals from the district court’s order denying his motion to alter or amend the district court’s December 6, 2004 judgment. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. RApp. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v. Dir., Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).
The district court’s order was entered on the docket on February 15, 2006. The notice of appeal was filed on March 24, 2006. Because Bennett failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
*244 No. 05-1026 AFFIRMED.
No. 06-1372 DISMISSED.
Reference
- Full Case Name
- CHOICE HOTELS INTERNATIONAL, INCORPORATED, Plaintiff-Appellee, v. Patrick BENNETT, Defendant & Third Party Plaintiff-Appellant, And; Bennett Financial Associates; Gwen K. Bennett, Defendants & Third Party Plaintiffs, v. John J. Signorelli; Dominic Giambona, Third Party Defendants-Appellees, And; Midstate Raceway, Incorporated; Comfort Associates, Incorporated, Third Party Defendants. Choice Hotels International, Incorporated, Plaintiff-Appellee, v. Patrick Bennett, Defendant & Third Party Plaintiff-Appellant, And; Bennett Financial Associates; Gwen K. Bennett, Defendants & Third Party Plaintiffs, v. John J. Signorelli; Dominic Giambona, Third Party Defendants-Appellees
- Status
- Unpublished