Nunez v. Superior Oil Co.
| Decision Date | 19 July 1976 |
| Docket Number | No. 76-1310,76-1310 |
| Citation | 535 F.2d 324 |
| Parties | Adam G. NUNEZ, Plaintiff-Appellant, v. The SUPERIOR OIL COMPANY, Defendant-Appellee. Summary Calendar. * |
| Court | U.S. Court of Appeals — Fifth Circuit |
Adam G. Nunez, pro se.
Robert T. Jorden, Lawrence P. Simon, Jr., Lafayette, La., Willard B. Wagner, Jr., James M. Dunnam, Houston, Tex., for defendant-appellee.
Appeal from the United States District Court for the Western District of Louisiana.
Before BROWN, Chief Judge, GEWIN and MORGAN, Circuit Judges.
In this case the district court rendered a "ruling" granting defendant-appellee's motion for summary judgment. However, there was a failure to comply with the mechanical requirement of Rule 58 of the Federal Rules of Civil Procedure that the judgment be "set forth on a separate document." Hence, this appeal must be dismissed. Taylor v. Sterrett, 527 F.2d 856 (5 Cir. 1976). See United States v. Indrelunas, 411 U.S. 216, 93 S.Ct. 1562, 36 L.Ed.2d 202 (1973).
Should a new appeal be taken after compliance with Rule 58, complete rebriefing is not required. We suggest, however, that the parties may wish to file succinct supplemental briefs on the question whether appellee's defense concerning failure to give notice of default is one that should have been set forth affirmatively under Rule 8(c) of the Federal Rules of Civil Procedure and, if so, whether this defense was set forth affirmatively. 1
APPEAL DISMISSED.
To continue reading
Request your trial
-
Hanson v. Town of Flower Mound
...v. United States, 488 F.2d 890, 892-93 (5th Cir. 1974); Taylor v. Sterrett, 527 F.2d 856, 857-58 (5th Cir. 1976); Nunez v. Superior Oil Co., 535 F.2d 324 (5th Cir. 1976); Sassoon v. United States, 549 F.2d 983, 984 (5th Cir. 1977); Furr's Cafeterias, Inc. v. N.L.R.B., 566 F.2d 505 (5th Cir.......
-
Kidd v. District of Columbia
...Eng'g West Hemisphere Corp. v. West Coast Carriers, Ltd., 650 F.2d 633, 635-36 (5th Cir. 1981); Nunez v. Superior Oil Co., 535 F.2d 324, 324 (5th Cir. 1976) (per curiam), a view hard to reconcile with our acceptance in Diamond of judgments containing an order of dismissal, see 770 F.2d at 2......
-
United States v. Mtaza
...Unit B July 1981) (holding that a district court order granting summary judgment did not satisfy Rule 58); Nunez v. Superior Oil Co., 535 F.2d 324, 325 (5th Cir. 1976) (per curiam) (holding that a district court "ruling" granting summary judgment did not satisfy Rule 58); Freudensprung v. O......
-
U.S. v. Perez, 83-2732
...to our jurisdiction and the nature of our action respecting this attempted appeal.3 This case is unlike cases such as Nunez v. Superior Oil Co., 535 F.2d 324 (5th Cir.1976), and Calmaquip Engineering West Hemisphere Corp. v. West Coast Carriers Ltd., 650 F.2d 633, 635 (5th Cir.1981), which ......