Tedie Rochelle Barrow v. Flowers Hospital Administration

USCA11 Case: 23-12312 Document: 5-1 Date Filed: 08/21/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12312
Non-Argument Calendar
____________________
TEDIE ROCHELLE BARROW,
APRIL LATASHA THOMAS,
JAWON WYKEEN TY'QUAN THOMAS,
Plaintiffs-Appellants,
versus
FLOWERS HOSPITAL ADMINISTRATION,
HEIN N. DAO,
M.D., Medical Doctor,
PHILIP T. WILSON,
D.O., Osteopathic, (Hospitialist),
Defendants-Appellees.
USCA11 Case: 23-12312 Document: 5-1 Date Filed: 08/21/2023 Page: 2 of 2
2 Opinion of the Court 23-12312
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Appeal from the United States District Court
for the Middle District of Alabama
D.C. Docket No. 1:23-cv-00220-ECM-SMD
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Before NEWSOM, BRASHER, and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The statutory time limit required Tedie Barrow, April
Thomas, and Jawon Thomas to file a notice of appeal on or before
June 12, 2023, which was the first business day after the 30-day pe-
riod following the entry of final judgment on May 11, 2023.
28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (7), 26(a)(1)(C).
However, the plaintiffs did not file their notice of appeal until July
6, 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
appeal in a civil case is a jurisdictional requirement, and we cannot
entertain an appeal that is out of time).
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.