Tedie Rochelle Barrow v. Flowers Hospital Administration ( 2023 )


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  • USCA11 Case: 23-12312   Document: 5-1     Date Filed: 08/21/2023   Page: 1 of 2
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-12312
    Non-Argument Calendar
    ____________________
    TEDIE ROCHELLE BARROW,
    APRIL LATASHA THOMAS,
    JAWON WYKEEN TY'QUAN THOMAS,
    Plaintiffs-Appellants,
    versus
    FLOWERS HOSPITAL ADMINISTRATION,
    HEIN N. DAO,
    M.D., Medical Doctor,
    PHILIP T. WILSON,
    D.O., Osteopathic, (Hospitialist),
    Defendants-Appellees.
    USCA11 Case: 23-12312      Document: 5-1     Date Filed: 08/21/2023     Page: 2 of 2
    2                       Opinion of the Court                23-12312
    ____________________
    Appeal from the United States District Court
    for the Middle District of Alabama
    D.C. Docket No. 1:23-cv-00220-ECM-SMD
    ____________________
    Before NEWSOM, BRASHER, and ABUDU, Circuit Judges.
    PER CURIAM:
    This appeal is DISMISSED, sua sponte, for lack of jurisdic-
    tion. The statutory time limit required Tedie Barrow, April
    Thomas, and Jawon Thomas to file a notice of appeal on or before
    June 12, 2023, which was the first business day after the 30-day pe-
    riod following the entry of final judgment on May 11, 2023.
    
    28 U.S.C. § 2107
    (a); Fed. R. App. P. 4(a)(1)(A), (7), 26(a)(1)(C).
    However, the plaintiffs did not file their notice of appeal until July
    6, 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).
    No petition for rehearing 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: 23-12312

Filed Date: 8/21/2023

Precedential Status: Non-Precedential

Modified Date: 8/21/2023