· 10/30/2007
Warren v. American Bankers Ins. of Florida
Citations
- 507 F.3d 1239
- 2007 U.S. App. LEXIS 25416
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a Rule 59 “motion to reconsider” a judgment, filed before a separate document, did not waive Rule 58
- concluding that jurisdiction didn’t pass to us when the notice of appeal remained in suspension prior to entry of an order of dismissal
- opining that the district court should have entered a Rule 58 judgment after dismissing the case for lack of subject-matter jurisdiction
- explaining that “a notice of appeal divests the district court of jurisdiction over substantive claims” (emphasis added)
- reversing district court ruling that it lacked authority to rule on a Rule 59(e) motion following notice of appeal, where appellant filed a timely amended notice of appeal to challenge denial of motion
- “[T]he Federal Rules of Civil Procedure do not recognize that creature known all too well as the ‘motion to reconsider.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Baldock, Briscoe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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