United States District Court, M.D. Florida, Tampa Division
JUDGMENT IN A CIVIL CASE
action came before the Court and a decision has been
IS ORDERED AND ADJUDGED that judgment is entered:
to Claim Number 2011A67329, Defendant owes Plaintiff $12,
698.98 plus any prejudgment interest accruing on the unpaid
principal at the variable rate prescribed by Department of
Education until entry of default judgment on July 2, 2018.
to Claim Number 2011A67341, Defendant owes Plaintiff $8,
868.58 plus any prejudgment interest accruing on the unpaid
principal at a rate of 8.00% until entry of default judgment
on July 2, 2018.
Plaintiff is entitled to post-judgment interest from the date
of judgment, July 2, 2018, at the rate established by 28
U.S.C. § 1961 and cost for service of process, $80.00,
under 28 U.S.C. § 1921.
APPEALS JURISDICTION CHECKLIST
Appealable Orders: Courts of
Appeals have jurisdiction conferred and strictly limited by
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).
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).
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.
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, ...