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· 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 CourtListener

Sourced 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.