632 F.2d 486 (5th Cir. 1980), 80-1292, Portis v. Harris County, Tex.

Docket Nº80-1292
Citation632 F.2d 486
Party NameVelma PORTIS, Plaintiff-Appellee, v. HARRIS COUNTY, TEXAS, et al., Defendants-Appellants.
Case DateDecember 08, 1980
CourtUnited States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 486

632 F.2d 486 (5th Cir. 1980)

Velma PORTIS, Plaintiff-Appellee,

v.

HARRIS COUNTY, TEXAS, et al., Defendants-Appellants.

No. 80-1292

Unit A

United States Court of Appeals, Fifth Circuit

December 8, 1980

Page 487

David H. Melasky, Anthony D. Sheppard, Houston, Tex., for defendants-appellants.

Mark T. McDonald, Houston, Tex., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Texas.

Before CHARLES CLARK, REAVLEY and WILLIAMS, Circuit Judges.

PER CURIAM:

On June 27, 1975 Velma Portis filed this class action against Harris County and its Manpower Agency alleging racial discrimination in employment. The case went to trial in November 1979 and on November 21, 1979, the district judge filed findings of fact and conclusions of law wherein he found that Portis was entitled to back pay and attorney's fees. A hearing on attorney's fees was held in January 1980 and final judgment was filed on February 22, 1980. On March 4, 1980, Harris County, the appellants here, filed a timely motion to reform the judgment. Fed.R.Civ.P. 59(e). At the same time they filed a notice of appeal. An amended final judgment was filed on March 10.

We dismiss the appeal due to our lack of jurisdiction. The appellant filed the Rule 59 motion and notice of appeal at the same time. Under Rule 4, Fed.R.App.P. 4(a), the filing of a timely Rule 59(e) motion "has the effect of nullifying a notice of appeal filed before the disposition of the motion. Such a notice of appeal 'shall have no effect', and '(a) new notice of appeal must be filed within the prescribed...

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11 practice notes
  • 71 B.R. 702 (Bkrtcy.N.D.Ga. 1987), 86-08185, In re Fargo Financial, Inc.
    • United States
    • Federal Cases United States Bankruptcy Courts Eleventh Circuit
    • 26 Marzo 1987
    ...period." Western Industries, Inc. v. Newcor Canada Limited, 709 F.2d 16, 17 (7th Cir.1983). See also Portis v. Harris County, Texas, 632 F.2d 486 (5th Cir.1980) (Unit A); 9 J. Moore, B. Ward & J. Lucas Moore's Federal Practice ¶ 204.12 [1] (2d ed. Bankruptcy Rule 8002(b) governs th......
  • 642 F.2d 95 (5th Cir. 1981), 80-5436, Meggett v. Wainwright
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • 24 Marzo 1981
    ...or order appealed from. Compliance with this requirement is a prerequisite for appellate jurisdiction. See Portis v. Harris County, 632 F.2d 486, 487 (5th Cir. 1980); United States v. Lucas, 597 F.2d 243, 245 (10th Cir. 1979). According to the record, the district court filed its final judg......
  • 797 F.2d 881 (10th Cir. 1986), 86-1293, Skagerberg v. State of Okl.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (10th Circuit)
    • 25 Julio 1986
    ...a notice of appeal are combined in one document the notice of appeal is premature and has no effect. See Portis v. Harris County, Texas, 632 F.2d 486 (5th Cir.1980) (Rule 59 motion and notice of appeal were filed in the same document). After receiving a ruling on the timely motion, the appe......
  • 670 F.2d 503 (5th Cir. 1982), 81-2039, Lapeyrouse v. Texaco, Inc.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • 4 Marzo 1982
    ...have nullified the notice of appeal filed by appellants prior to the District Court's disposition of the motion. Portis v. Harris County, 632 F.2d 486, 487 (5th Cir. The motion possibly could also be construed, however, as one filed pursuant to Fed.R.Civ.P. 60(b)(6) for relief from a final ......
  • Request a trial to view additional results
11 cases
  • 71 B.R. 702 (Bkrtcy.N.D.Ga. 1987), 86-08185, In re Fargo Financial, Inc.
    • United States
    • Federal Cases United States Bankruptcy Courts Eleventh Circuit
    • 26 Marzo 1987
    ...period." Western Industries, Inc. v. Newcor Canada Limited, 709 F.2d 16, 17 (7th Cir.1983). See also Portis v. Harris County, Texas, 632 F.2d 486 (5th Cir.1980) (Unit A); 9 J. Moore, B. Ward & J. Lucas Moore's Federal Practice ¶ 204.12 [1] (2d ed. Bankruptcy Rule 8002(b) governs th......
  • 642 F.2d 95 (5th Cir. 1981), 80-5436, Meggett v. Wainwright
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • 24 Marzo 1981
    ...or order appealed from. Compliance with this requirement is a prerequisite for appellate jurisdiction. See Portis v. Harris County, 632 F.2d 486, 487 (5th Cir. 1980); United States v. Lucas, 597 F.2d 243, 245 (10th Cir. 1979). According to the record, the district court filed its final judg......
  • 797 F.2d 881 (10th Cir. 1986), 86-1293, Skagerberg v. State of Okl.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (10th Circuit)
    • 25 Julio 1986
    ...a notice of appeal are combined in one document the notice of appeal is premature and has no effect. See Portis v. Harris County, Texas, 632 F.2d 486 (5th Cir.1980) (Rule 59 motion and notice of appeal were filed in the same document). After receiving a ruling on the timely motion, the appe......
  • 670 F.2d 503 (5th Cir. 1982), 81-2039, Lapeyrouse v. Texaco, Inc.
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • 4 Marzo 1982
    ...have nullified the notice of appeal filed by appellants prior to the District Court's disposition of the motion. Portis v. Harris County, 632 F.2d 486, 487 (5th Cir. The motion possibly could also be construed, however, as one filed pursuant to Fed.R.Civ.P. 60(b)(6) for relief from a final ......
  • Request a trial to view additional results