Payne v. First National Bank ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
November 20, 2006
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
__________________________ Clerk
No. 06-60142
Summary Calendar
__________________________
JAMES PAYNE; ET AL,
Plaintiff,
JAMES PAYNE,
Plaintiff-Appellant,
versus
FIRST NATIONAL BANK OF CLARKSDALE, ET AL,
Defendants,
FIRST NATIONAL BANK OF CLARKSDALE;
GULF GUARANTY LIFE INSURANCE CO.; and
JOE ALDERSON,
Defendants-Appellees.
___________________________________________________
Appeal from the United States District Court
for the Northern District of Mississippi
(No. 2:03-CV-369)
___________________________________________________
Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
*
PER CURIAM:
The district court issued a final judgment in this case on December 20, 2005, which
was modified on December 21, 2005. On January 23, 2006, the appellant, James Payne,
filed his notice of appeal in the district court.
Rule 4 of the Federal Rules of Appellate Procedure requires that, in the absence of
special circumstances not relevant here, the notice of appeal “must be filed with the district
clerk within 30 days after the judgment or order appealed from is entered.” FED. R. APP.
P. 4(a)(1)(A). “[A] timely filed notice of appeal is an absolute prerequisite to this court’s
jurisdiction.” Moody Nat’l Bank of Galveston v. GE Life and Annuity Assurance Co., 383
F.3d 249, 250 (5th Cir. 2004). Because Payne failed to file his notice of appeal within 30
days of the final judgment, this court lacks jurisdiction over his appeal. Payne’s appeal is
DISMISSED for lack of jurisdiction.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
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