Lena Lindberg v. Robin Lemonidis ( 2023 )


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  • USCA11 Case: 23-11257     Document: 13-1       Date Filed: 05/26/2023   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-11257
    Non-Argument Calendar
    ____________________
    LENA MARIE LINDBERG,
    Plaintiff-Appellant,
    versus
    ROBIN C. LEMONIDIS,
    LORI TODD,
    Official Capacities,
    F. BARBERI,
    Officer, Official Capacity,
    E. MCKINNON,
    DAVID GILLESPIE,
    Official Capacities, et al.,
    USCA11 Case: 23-11257     Document: 13-1      Date Filed: 05/26/2023    Page: 2 of 3
    2                      Opinion of the Court                23-11257
    Defendants-Appellees.
    ____________________
    Appeal from the United States District Court
    for the Middle District of Florida
    D.C. Docket No. 6:21-cv-01783-RBD-DCI
    ____________________
    Before JORDAN, ROSENBAUM, and BRASHER, Circuit Judges.
    PER CURIAM:
    This appeal is DISMISSED, sua sponte, for lack of jurisdic-
    tion. The statutory time limit required Lena Lindberg to file a no-
    tice of appeal on or before June 20, 2022, which was the next busi-
    ness day after 30 days following the date judgment was deemed
    entered on the district court’s December 20, 2021 dismissal order.
    Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(7)(A), 26(a)(1)(C). How-
    ever, Lindberg did not file a notice of appeal until April 8, 2023.
    Additionally, there is no basis in the record for relief under
    Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accord-
    ingly, the notice of appeal is untimely and cannot invoke our ap-
    pellate jurisdiction. See Green v. Drug Enf’t Admin., 
    606 F.3d 1296
    ,
    1300 (11th Cir. 2010) (noting that the timely filing of a notice of
    appeal in a civil case is a jurisdictional requirement, and we cannot
    entertain an appeal that is out of time).
    USCA11 Case: 23-11257    Document: 13-1     Date Filed: 05/26/2023   Page: 3 of 3
    23-11257             Opinion of the Court                      3
    All pending motions are denied as moot. No petition for re-
    hearing may be filed unless it complies with the timing and other
    requirements of 11th Cir. R. 40-3 and all other applicable rules.
    

Document Info

Docket Number: 23-11257

Filed Date: 5/26/2023

Precedential Status: Non-Precedential

Modified Date: 5/26/2023