Rivers v. Washington County Bd. of Educ., No. 84-7602

CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)
Writing for the CourtBefore TJOFLAT, HILL and ANDERSON; PER CURIAM
Citation770 F.2d 1010
Parties38 Empl. Prac. Dec. P 35,520, 3 Fed.R.Serv.3d 751 Ola Irene RIVERS, et al., Plaintiffs, W. A. Taylor, Plaintiff-Appellee, v. WASHINGTON COUNTY BOARD OF EDUCATION, et al., Defendants-Appellants. Non-Argument Calendar.
Docket NumberNo. 84-7602
Decision Date13 September 1985

Page 1010

770 F.2d 1010
38 Empl. Prac. Dec. P 35,520, 3 Fed.R.Serv.3d 751
Ola Irene RIVERS, et al., Plaintiffs,
W. A. Taylor, Plaintiff-Appellee,
v.
WASHINGTON COUNTY BOARD OF EDUCATION, et al., Defendants-Appellants.
No. 84-7602
Non-Argument Calendar.
United States Court of Appeals,
Eleventh Circuit.
Sept. 13, 1985.

Page 1011

William A. Kimbrough, Jr., Frank Woodson, Jr., Mobile, Ala., for defendants-appellants.

Solomon S. Seay, Jr., Montgomery, Ala., for plaintiff-appellee.

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

Before TJOFLAT, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

Initially, we must address whether we have jurisdiction to hear the present appeal. Defendants/appellants filed a notice of appeal from an August 31, 1984 judgment awarding backpay to plaintiff/appellee Taylor. At that time there was no final, appealable order as required by 28 U.S.C. Sec. 1291, since the court had not entered a final judgment on the claims of plaintiff Nelson and had not certified the case pursuant to Fed.R.Civ.P. 54(b). See Jetco Electronics Industries, Inc. v. Gardiner, 473 F.2d 1228, 1231 (5th Cir.1973). After filing the notice of appeal, the defendants filed a "motion to amend judgment," which was granted on October 12, 1984 by the district court, to reflect the final disposition of the case as to all parties and claims in the litigation. Rule 54(b) and section 1291 do not bar our jurisdiction in the present case, since the courts will consider "the separate appeal of a nonfinal judgment where a subsequent judgment of the district court effectively terminates the litigation." Martin v. Campbell, 692 F.2d 112, 114 (11th Cir.1982); see Jetco, 473 F.2d at 1231.

Nevertheless, another problem remains. Appellants did not file a new notice of appeal after their motion to amend judgment was granted. Fed.R.App.P. 4(a)(4) provides that a notice of appeal filed before the disposition of a Rule 59 motion to alter or amend judgment shall have no effect. Appellant's motion to amend judgment did not state that it was filed pursuant to Fed.R.Civ.P. 59(e). Indeed, it could not have been, since that rule provides that a motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment. Therefore, we construe this motion to amend as brought pursuant to Rule 60(a), to correct an omission or oversight in the August 31st judgment, since the motion and resulting amended judgment did...

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17 practice notes
  • Betts v. Conecuh Cnty. Bd. of Educ., CIVIL ACTION NO. 14-00356-CG-N
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Southern District of Alabama
    • December 10, 2014
    ...(quoting Fitzgerald v. Sirloin Stockade, Inc., 624 F.2d 945, 957 (10th Cir. 1980)). See also Rivers v. Washington Cnty. Bd. of Educ., 770 F.2d 1010, 1012 (11th Cir. 1985) (per curiam) ("The district court has broad, equitable discretion to grant any equitable relief it deems appropriate to ......
  • Robinson v. Tanner, No. 85-7456
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • September 9, 1986
    ...circuits. See Bank South Leasing, Inc. v. Williams, 778 F.2d 704, 705 (11th Cir.1985); Rivers v. Washington County Board of Education, 770 F.2d 1010, 1011 (11th Cir.1985); Kleiner v. First National Bank of Atlanta, 751 F.2d 1193, 1199 n. 13 (11th Cir.1985); Martin v. Campbell, 692 F.2d 112,......
  • Norman v. Housing Authority of City of Montgomery, No. 87-7763
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 1, 1988
    ...order deciding the attorney's fees issue cured the premature notice. Id. at 705, citing Rivers v. Washington County Board of Education, 770 F.2d 1010, 1011 (11th Cir.1985); Martin v. Campbell, 692 F.2d 112, 114 (11th This court has noted that the holding in Bank South "may be incorrect," Ro......
  • U.S. v. R.W. Meyer, Inc., No. 89-2236
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 9, 1991
    ...P. & Pac. R.R., 841 F.2d 789 (7th Cir.1988); Charles v. Charles, 788 F.2d 960 (3d Cir.1986); Rivers v. Washington County Bd. of Educ., 770 F.2d 1010 (11th Cir.1985); First Commodity Traders, Inc. v. Heinold Commodities, Inc., 766 F.2d 1007 (7th Cir.1985); Grand Union Co. v. Cord Meyer Devel......
  • Request a trial to view additional results
17 cases
  • Betts v. Conecuh Cnty. Bd. of Educ., CIVIL ACTION NO. 14-00356-CG-N
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Southern District of Alabama
    • December 10, 2014
    ...(quoting Fitzgerald v. Sirloin Stockade, Inc., 624 F.2d 945, 957 (10th Cir. 1980)). See also Rivers v. Washington Cnty. Bd. of Educ., 770 F.2d 1010, 1012 (11th Cir. 1985) (per curiam) ("The district court has broad, equitable discretion to grant any equitable relief it deems appropriat......
  • Robinson v. Tanner, No. 85-7456
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • September 9, 1986
    ...circuits. See Bank South Leasing, Inc. v. Williams, 778 F.2d 704, 705 (11th Cir.1985); Rivers v. Washington County Board of Education, 770 F.2d 1010, 1011 (11th Cir.1985); Kleiner v. First National Bank of Atlanta, 751 F.2d 1193, 1199 n. 13 (11th Cir.1985); Martin v. Campbell, 692 F.2d 112,......
  • Norman v. Housing Authority of City of Montgomery, No. 87-7763
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 1, 1988
    ...order deciding the attorney's fees issue cured the premature notice. Id. at 705, citing Rivers v. Washington County Board of Education, 770 F.2d 1010, 1011 (11th Cir.1985); Martin v. Campbell, 692 F.2d 112, 114 (11th This court has noted that the holding in Bank South "may be incorrect......
  • U.S. v. R.W. Meyer, Inc., No. 89-2236
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 9, 1991
    ...& Pac. R.R., 841 F.2d 789 (7th Cir.1988); Charles v. Charles, 788 F.2d 960 (3d Cir.1986); Rivers v. Washington County Bd. of Educ., 770 F.2d 1010 (11th Cir.1985); First Commodity Traders, Inc. v. Heinold Commodities, Inc., 766 F.2d 1007 (7th Cir.1985); Grand Union Co. v. Cord Meyer Deve......
  • Request a trial to view additional results

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