Lena Lindberg v. Dean LaCorte ( 2023 )


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  • USCA11 Case: 23-11256    Document: 19-1    Date Filed: 06/08/2023   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-11256
    Non-Argument Calendar
    ____________________
    LENA MARIE LINDBERG,
    Plaintiff-Appellant,
    versus
    DEAN LACORTE,
    owner, beachside storage and office park,
    TY BERDEAUX,
    court operations manager,
    MATTHEW PATTERSON,
    deputy clerk,
    SCOTT ELLIS,
    brevard county clerk of court, retired,
    ROBERT BLAISE TRETTIS,
    public defender,
    USCA11 Case: 23-11256      Document: 19-1      Date Filed: 06/08/2023     Page: 2 of 3
    2                      Opinion of the Court                  23-11256
    et al.,
    Defendants-Appellees.
    ____________________
    Appeal from the United States District Court
    for the Middle District of Florida
    D.C. Docket No. 6:21-cv-01747-RBD-DCI
    ____________________
    Before WILSON, BRANCH, and LUCK, Circuit Judges.
    PER CURIAM:
    This appeal is DISMISSED, sua sponte, for lack of jurisdic-
    tion. The statutory time limit required Lena Lindberg to file a no-
    tice of appeal on or before May 31, 2022, which was the next busi-
    ness day after 30 days following the date judgment was deemed
    entered on the district court’s November 29, 2021 dismissal order.
    
    28 U.S.C. § 2107
    (a); Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(1)(A),
    (7)(A), 26(a)(1)(C). However, Lindberg did not file a notice of ap-
    peal until April 8, 2023.
    Additionally, there is no basis in the record for relief under
    Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accord-
    ingly, the notice of appeal is untimely and cannot invoke our ap-
    pellate jurisdiction. See Green v. Drug Enf’t Admin., 
    606 F.3d 1296
    ,
    1300 (11th Cir. 2010) (noting that the timely filing of a notice of
    USCA11 Case: 23-11256     Document: 19-1      Date Filed: 06/08/2023    Page: 3 of 3
    23-11256               Opinion of the Court                        3
    appeal in a civil case is a jurisdictional requirement, and we cannot
    entertain an appeal that is out of time).
    All pending motions are denied as moot. No petition for re-
    hearing may be filed unless it complies with the timing and other
    requirements of 11th Cir. R. 40-3 and all other applicable rules.
    

Document Info

Docket Number: 23-11256

Filed Date: 6/8/2023

Precedential Status: Non-Precedential

Modified Date: 6/8/2023