Tamiko N. Peele v. 17th Judicial Circuit of Florida ( 2023 )


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  • USCA11 Case: 23-10913    Document: 30-1     Date Filed: 06/06/2023   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-10913
    Non-Argument Calendar
    ____________________
    TAMIKO N. PEELE,
    Individually on Behalf of Themselves,
    ROBERT L. WALKER,
    Individually on Behalf of Themselves,
    Plaintiffs-Appellants,
    versus
    17TH JUDICIAL CIRCUIT OF FLORIDA,
    BROWARD COUNTY, FLORIDA,
    it's Court Registry Depository Funds of Federal Reserve
    Notes $180,030.00 U.S. Currency, it's Records Division
    Instrument numbers 117519100, 112300593,
    115467945, 113178049,
    DOES 1-3,
    USCA11 Case: 23-10913     Document: 30-1     Date Filed: 06/06/2023    Page: 2 of 3
    2                     Opinion of the Court                 23-10913
    inclusive in their individual andofficial capacity,
    UNITED STATES OF AMERICA,
    through its Social Security Administration Program,
    it's Cooperative Disability Investigations Program (CDI)
    and its Social Insurance Administrators Velma T. Blaine,
    James Peavy, Antonio Miguel Quinones, Brian Garber,
    DOES 1-11,
    inclusive and in their official and individual capacity,
    THE FLORIDA BAR CLIENTS' SECURITY FUND, et al.,
    Defendants-Appellees.
    ____________________
    Appeal from the United States District Court
    for the Southern District of Florida
    D.C. Docket No. 2:23-cv-14037-AMC
    ____________________
    Before JILL PRYOR, BRANCH, and LUCK, Circuit Judges.
    PER CURIAM:
    Tamiko Peele and Robert Walker have filed an interlocutory
    notice of appeal, opening this appeal, as well as an appeal from the
    district court’s final order dismissing their case, which opened Ap-
    peal No. 23-10916. They move to voluntarily dismiss Appeal No.
    23-10916 as duplicative or, alternatively, to consolidate their ap-
    peals. Because this appeal challenges several interlocutory orders,
    USCA11 Case: 23-10913      Document: 30-1     Date Filed: 06/06/2023     Page: 3 of 3
    23-10913               Opinion of the Court                         3
    it raises questions concerning the appealability of those orders. See
    
    8 U.S.C. §§ 1291
    , 1292; CSX Transp., Inc. v. City of Garden City, 
    235 F.3d 1325
    , 1327 (11th Cir. 2000).
    An appeal from the final judgment brings up for review all
    preceding nonfinal orders that produced the judgment. See Kong v.
    Allied Pro. Ins. Co., 
    750 F.3d 1295
    , 1301 (11th Cir. 2014); Hunter v.
    Dept. of Air Force Agency, 
    846 F.2d 1314
    , 1316-17 (11th Cir. 1988).
    We may use our inherent administrative power to dismiss duplica-
    tive litigation to avoid wasting judicial resources. See I.A. Durbin,
    Inc. v. Jefferson Nat’l Bank, 
    793 F.2d 1541
    , 1551 (11th Cir. 1986);
    United States v. Arlt, 
    567 F.2d 1295
    , 1297 (5th Cir. 1978); Sinochem
    Int’l Co. v. Malay. Int’l Shipping Corp., 
    549 U.S. 422
    , 431 (2007).
    While consolidating these appeals would save judicial re-
    sources, we would still need to address the jurisdictional issues
    raised by this appeal. However, Peele and Walker can raise all is-
    sues in their later appeal from the final order dismissing their case.
    See Hunter, 
    846 F.2d at 1316-17
    . Therefore, in light of the appeal
    from that final order, and the appellants’ request to proceed in a
    single appeal, this appeal is DISMISSED as duplicative, and any
    challenge to the orders designated in this appeal may be raised in
    Appeal No. 23-10916.
    All pending motions are DENIED as moot. 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.