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Mahan v. Bonati
United States District Court, M.D. Florida, Tampa Division
December 19, 2019
STACY MAHAN and JERRY MAHAN, her husband, Plaintiffs,
ALFRED O. BONATI, M.D., GULF COAST ORTHOPEDIC CENTER-ALFRED O. BONATI, M.D., P.A., MEDICAL DEVELOPMENT CORPORATION OF PASCO COUNTY, d/b/a the Bonati Institute, Defendants.
JUDGMENT IN A CIVIL CASE
by Court. This action came before the Court and a
decision has been rendered.
IS ORDERED AND ADJUDGED that judgment is entered in
favor of Defendants Alfred O. Bonati, M.D., Gulf Coast
Orthopedic Center - Alfred O. Bonati, M.D., P.A., and the
Medical Development Corporation of Pasco County d/b/a the
Bonati Institute and against Plaintiffs, as set forth in the
APPEALS JURISDICTION CHECKLIST
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 THE APPEAL PERIOD - no additional days
are provided for mailing. Special filing provisions for
inmates are discussed below.
(b) 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
(c) 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
(d) 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 party did not ...