United States District Court, M.D. Florida, Tampa Division
JUDGMENT IN A CIVIL CASE
by Court. This action came before the Court and a decision
has been rendered.
ORDERED AND ADJUDGED that judgment is entered in favor of the
Commissioner of Social Security.
APPEALS JURISDICTION CHECKLIST
Appealable Orders: Courts of Appeals have
jurisdiction conferred and strictly limited by statute:
Appeals from final orders pursuant to 28 U.S.C. Section 1291:
Only final orders and judgments of district courts, or final
orders of bankruptcy courts which have been appealed to and
fully resolved by a district court under 28 U.S.C. Section
158, generally are appealable. A final decision is one that
“ends the litigation on the merits and leaves nothing
for the court to do but execute the judgment.”
Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1368
(11th Cir. 1983). A magistrate judge's report and
recommendation is not final and appealable until judgment
thereon is entered by a district court judge. 28 U.S.C.
cases involving multiple parties or multiple claims, a
judgment as to fewer than all parties or all claims is not a
final, appealable decision unless the district court has
certified the judgment for immediate review under
Fed.R.Civ.P. 54(b), Williams v. Bishop, 732 F.2d
885, 885-86 (11th Cir. 1984). A judgment which resolves all
issues except matters, such as attorneys' fees and costs,
that are collateral to the merits, is immediately appealable.
Budinich v. Becton Dickinson & Co., 486 U.S.
196, 201, 108 S.Ct. 1717, 1721-22, 100 L.Ed.2d 178 (1988);
LaChance v. Duffy's Draft House, Inc., 146 F.3d
832, 837 (11th Cir. 1998).
Appeals pursuant to 28 U.S.C. Section 1292(a): Appeals are
permitted from orders “granting, continuing, modifying,
refusing or dissolving injunctions or refusing to dissolve or
modify injunctions...” and from “[i]nterlocutory
decrees...determining the rights and liabilities of parties
to admiralty cases in which appeals from final decrees are
allowed.” Interlocutory appeals from orders denying
temporary restraining orders are not permitted.
Appeals pursuant to 28 U.S.C. Section 1292(b) and
Fed.R.App.P.5: The certification specified in 28 U.S.C.
Section 1292(b) must be obtained before a petition for
permission to appeal is filed in the Court of Appeals. The
district court's denial of a motion for certification is
not itself appealable.
Appeals pursuant to judicially created exceptions to the
finality rule: Limited exceptions are discussed in cases
including, but not limited to: Cohen V. Beneficial Indus.
Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 1225-26,
93 L.Ed. 1528 (1949); Atlantic Fed. Sav. & Loan
Ass'n v. Blythe Eastman Paine Webber, Inc., 890 F.2d
371, 376 (11th Cir. 1989); Gillespie v. United States
Steel Corp., 379 U.S. 148, 157, 85 S.Ct. 308, 312, 13
L.Ed.2d 199 (1964).
Time for Filing: The timely filing of a notice of
appeal is mandatory and jurisdictional. Rinaldo v.
Corbett, 256 F.3d 1276, 1278 (11th Cir. 2001). In civil
cases, Fed.R.App.P.4(a) and (c) set the following time
Fed.R.App.P. 4(a)(1): A notice of appeal in compliance with
the requirements set forth in Fed.R.App.P. 3 must be filed in
the district court within 30 days after the entry of the
order or judgment appealed from. However, if the United
States or an officer or agency thereof is a party, the notice
of appeal must be filed in the district court within 60 days
after such entry. THE NOTICE MUST BE RECEIVED AND FILED IN
THE DISTRICT COURT NO LATER THAN THE LAST DAY OF THE APPEAL
PERIOD - no additional days are provided for mailing. Special
filing provisions for inmates are discussed below.
Fed.R.App.P. 4(a)(3): “If one party timely files a
notice of appeal, any other party may file a notice of appeal
within 14 days after the date when the first notice was
filed, or within the time otherwise prescribed by this Rule
4(a), whichever period ends later.”
Fed.R.App.P.4(a)(4): If any party makes a timely motion in
the district court under the Federal Rules of Civil Procedure
of a type specified in this rule, the time for appeal for all
parties runs from the date of entry of the order disposing of
the last such timely filed motion.
Fed.R.App.P.4(a)(5) and 4(a)(6): Under certain limited
circumstances, the district court may extend the time to file
a notice of appeal. Under Rule 4(a)(5), the time may be
extended if a motion for an extension is filed within 30 days
after expiration of the time otherwise provided to file a
notice of appeal, upon a showing of excusable neglect or good
cause. Under Rule 4(a)(6), the time may be extended if the
district court finds upon motion that a ...