Case: 23-1458 Document: 12 Page: 1 Filed: 06/08/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MATTIE LOMAX,
Plaintiff-Appellant
v.
CAPITAL RENTAL AGENCY, INC., AMERICAN
INVESTMENT SERVICES, GREGORY
SCHWEITZER, MYRNA B. PALLEY,
Defendants-Appellees
______________________
2023-1458
______________________
Appeal from the United States District Court for the
Southern District of Florida in No. 1:09-cv-21347-RLR,
Judge Robin L. Rosenberg.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
Mattie Lomax moves for “entry of default,” ECF No. 7
at 1; responds to the court’s March 23, 2023, show cause
order, ECF No. 8; and seeks “leave to amend [her] exhibit
list and to admit into evidence certain additional [exhib-
its],” ECF No. 9 at 1. Appellees move for an extension of
Case: 23-1458 Document: 12 Page: 2 Filed: 06/08/2023
2 LOMAX v. CAPITAL RENTAL AGENCY, INC.
time to respond to the court’s March 23, 2023, order, which
Ms. Lomax moves to strike. The court dismisses this ap-
peal.
In May 2009, Ms. Lomax filed a notice of removal from
state court for her action alleging violation of landlord ob-
ligations and retaliatory practices. The United States Dis-
trict Court for the Southern District of Florida remanded
the case to state court on May 20, 2009, and denied Ms.
Lomax’s motion for reconsideration on February 17, 2010.
Ms. Lomax filed a notice of appeal on January 24, 2023,
seeking review of the remand order.
“[T]he timely filing of a notice of appeal in a civil case
is a jurisdictional requirement,” Bowles v. Russell,
551 U.S.
205, 214 (2007), and, in order to be timely, a notice of ap-
peal must generally be filed within 30 days after entry of
final judgment,
28 U.S.C. § 2107(a); Fed. R. App. P.
4(a)(1)(A). Here, Ms. Lomax filed her notice more than 13
years after the district court’s remand order. At least be-
cause of this untimeliness, we lack jurisdiction over the ap-
peal, and we cannot transfer under
28 U.S.C. § 1631.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied as moot.
(3) Each side shall bear its own costs.
FOR THE COURT
June 8, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Acting Clerk of Court
