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LEWIS v. KHADDURI LLC (2021)

United States Court of Appeals, Fourth Circuit.2021-04-30No. No. 20-2038

Summary

Holding. The appeal was dismissed for lack of jurisdiction due to Lewis's failure to timely file a notice of appeal within 30 days of the district court's order.

Carla T. Lewis appealed a district court order that had remanded her case to state court. The appellate court dismissed the appeal without reaching the merits because Lewis failed to file her notice of appeal within the required timeframe. Federal rules require parties to file a notice of appeal within 30 days of a final judgment or order, and neither the district court nor Lewis obtained an extension or reopening of that deadline. Lewis filed her notice 35 days after the district court's order, making it untimely. The court also denied various motions filed by Lewis and the opposing parties.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Timeliness of notice of appeal in civil cases
  • Jurisdictional requirement for appellate review
  • District court authority to extend or reopen appeal period

Procedural posture

Lewis appealed a district court remand order to state court, but the appellate court lacked jurisdiction to consider the appeal because the notice was filed outside the mandatory 30-day window.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Carla T. Lewis seeks to appeal the district courts order remanding her case to Richmond County Circuit Court. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

*

In civil cases, parties have 30 days after the entry of the district courts final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). “[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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). The district court entered its order on August 19, 2020. Lewis filed the notice of appeal on September 23, 2020. Because Lewis failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We further deny Lewis’ “motion for entry of judgment,” “motion to stable probate,” “motion to claim equity [and] cash,” and “motion for no more filing by the [Appellees].” We further deny Appellees’ motions for attorneys fees and costs. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

FOOTNOTES

FOOTNOTE

.   In any event, we lack jurisdiction to review the remand order because it was based on the district courts lack of subject matter jurisdiction. See 28 U.S.C. § 1447(d); Ellenburg v. Spartan Motors Chassis, Inc., 519 F.3d 192, 196 (4th Cir. 2008).

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.