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Schemming v. Daman Transportation Services, Inc.
United States District Court, M.D. Florida, Tampa Division
September 20, 2019
ZACH SCHEMMING, Plaintiff,
DAMAN TRANSPORTATION SERVICES, INC. and MARIO CITTADINO, an Individual, Defendants.
DEFAULT JUDGMENT IN A CIVIL CASE
by Court. This action came before the Court and a
decision has been rendered.
IS ORDERED AND ADJUDGED that Plaintiff is entitled
to the following amounts:
a. Wages of $2, 175.00 and liquidated damages of $2, 175.00,
for a total of $4, 350.00.
b. Additionally, Plaintiff is entitled to an award of
attorney’s fees and reasonable costs in the amount of
c. The total judgment then is $8, 536.10.
d. Finally, Plaintiff is entitled to interest on this total
judgement amount at the rate of 2.43 percent from the date of
this Order until paid in full.
Appealable Orders: Courts of
Appeals have jurisdiction conferred and strictly limited by
(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
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 limits:
(a) 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
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