· 12/8/1992
Mendes Junior International Company v. M/v Sokai Maru, Atlanta Maritime Corporation and Sanko Kisen Kk
Citations
- 978 F.2d 920
- 978 F.3d 920
- 1992 U.S. App. LEXIS 32108
- 1992 WL 338078
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- entry of judgment by magistrate judge without the appropriate consent and reference or special order of designation results in a lack of jurisdiction
- “[A]bsence of the appropriate consent and reference (or special designation) order results in a lack of jurisdiction (or at least fundamental error that may be complained of for the first time on appeal).”
- “When the magistrate enters judgment pursuant to 28 U.S.C. § 636(c)(1), absence of the appropriate consent and reference (or special designation) order results in a lack of jurisdiction (or at least fundamental error that may be complained of for the first time on appeal).”
- “It is the law of [the Fifth Circuit] that when judgment on a matter is entered by the district court, and not the magistrate [judge], failure to obtain the consent of the parties to proceeding before the magistrate [judge] is only a procedural error, not a jurisdictional error.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Garwood, Duhé
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.