Fisher v. Whitlock, 081619 FED11, 18-15155
|Opinion Judge:||PER CURIAM|
|Party Name:||DOROTHY FISHER, Plaintiff - Appellant, v. GREGORY WHITLOCK, a resident of the State of Tennessee, AUTHORHOUSE, LLC, an Indiana Limited Liability Co., Defendants - Appellees.|
|Judge Panel:||Before WILLIAM PRYOR, GRANT, and ANDERSON, Circuit Judges.|
|Case Date:||August 16, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the Eleventh Circuit|
DO NOT PUBLISH
Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:17-cv-00574-RBD-TBS
Before WILLIAM PRYOR, GRANT, and ANDERSON, Circuit Judges.
Dorothy Fisher appeals pro se the district court's order striking her post-judgment motion "for [the] judge to state his jurisdiction." On appeal, Fisher appears to argue that the district court violated her right to due process by striking her motion. She asserts 42 U.S.C. § 1983 claims against the defendants and the district court judge and malpractice claims against her alleged attorneys. Fisher further requests that we appoint her an attorney and argues that the district court violated her Sixth Amendment rights by refusing to do so. She also argues the merits of her underlying claim for misappropriated royalties.
We have an obligation to review sua sponte whether we have jurisdiction at any point in the appellate process. Reaves v. Sec'y, Fla. Dep't. of Corr., 717 F.3d 886, 905 (11th Cir. 2013). "[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 (2007). A notice of appeal is timely if it is filed "within 30 days after entry of the judgment or order appealed from." Fed. R. App. P. 4(a)(1)(A). However, when Fed.R.Civ.P. 58(a) requires the district court to set forth the judgment on a separate document, and the court does not do so, the time to appeal is extended to 150 days from the entry of the order. Fed. R. App. P. 4(a)(7)(A). A judgment on a Fed.R.Civ.P. 60 motion ("Rule 60 motion") need not be set forth in a separate document. Fed.R.Civ.P. 58(a). A Rule 60 motion filed within 28 days of a judgment suspends any notice of appeal that has been filed until the district court enters an order disposing of the motion. Fed. R. App. P. 4(a)(4)(A)(vi), (B)(i). However, to appeal that subsequent order, a party must...
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