Legal Opinion

Charles L.M., Susan R.M. By Her Next Friend, Charles L.M. v. Northeast Independent School District

Court of Appeals for the Fifth Circuit

Decided October 5, 1989No. 88-5617PublishedCited by 52 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

We must examine the basis of our jurisdiction sua sponte, if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). Concluding that the notice of appeal was untimely, we dismiss this appeal for want of jurisdiction.

I

By order entered August 17, 1988, the district court granted defendants’ motion to dismiss for insufficient service of process. The court based its order upon the fact that “Plaintiff has failed to comply with Fed.R.Civ.P. 4(d)(6)” (regarding service of process). Accordingly, also on August 17, 1988, final judgment was entered, dismissing the…

2Cases cited6 opinions

  1. Marion Ray Mosley v. Officer M.D. CozbyCourt of Appeals for the Fifth Circuit · 1987
  2. Harcon Barge Co. v. D & G Boat Rentals, Inc.Court of Appeals for the Fifth Circuit · 1986
  3. Edgar Allen Harrell, Cross-Appellee v. Dixon Bay Transportation Company, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1983
  4. Vernon M. Ellis v. Elliott L. Richardson, Secretary of Health, Education & WelfareCourt of Appeals for the Fifth Circuit · 1973
  5. Annette Brown v. United Insurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Lavespere v. Niagara Machine & Tool Works, Inc.Court of Appeals for the Fifth Circuit · 1990
  2. Carattini v. Collazo Systems Analysis, Inc.Supreme Court of Puerto Rico · 2003
  3. Aybar v. Crispin-ReyesCourt of Appeals for the First Circuit · 1997
  4. In Re the Marriage of OklandSupreme Court of Iowa · 2005
  5. Carol Vincent v. City of SulphurCourt of Appeals for the Fifth Circuit · 2015

47 more not listed; retrieve them via the Exa API.

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