Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rodriguez v. Commissioner of Social Security

United States District Court, M.D. Florida, Tampa Division

September 6, 2017

EVARISTO RODRIGUEZ, JR., Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          JUDGMENT IN A CIVIL CASE

         Decision by Court.

         This action came before the Court and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED that judgment is entered in favor of the Commissioner of Social Security.

         CIVIL APPEALS JURISDICTION CHECKLIST

         1. Appealable Orders:

         Courts of Appeals have jurisdiction conferred and strictly limited by statute:

         (a) 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. Section 636(c).

         (b) In 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).

         (c) 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.

         (d) 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.

         (e) Appeals pursuant to judicially created exceptions ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.