Legal Opinion

Herbert Ray Gormong v. Local Union 613, Ibew, Harry Bexley, Slim Ellington, Charles H. Pillard and Dan H. Waters

Court of Appeals for the Eleventh Circuit

Decided September 16, 1983No. 83-8373PublishedCited by 4 opinions

1Opinion of the Court

BY THE COURT:

This case is before the court on appellant’s motion to file brief out of time. The motion is DENIED. In reviewing the file, we note that on April 21, 1983, the district court granted plaintiff’s unopposed motion to dismiss his action without prejudice pursuant to Fed.R.Civ.P. 41(b). On April 22, 1983, the Clerk of the District Court entered a final judgment in favor of the defendants and against the plaintiff, which was obviously a mistake. On May 20, 1983, plaintiff filed his notice of appeal, bringing the case to this court.

On May 24, 1983, the district court sua sponte entered…

2Cases cited1 opinion

  1. Fed. Sec. L. Rep. P 97,198 Roy Huey v. Teledyne, Inc.Court of Appeals for the Ninth Circuit · 1979

3Cited by4 opinions

  1. In Re Mile Hi Metal Systems, Inc., Debtor. Sheet Metal Workers' International Association, Local 9 v. Mile Hi Metal Systems, Inc.Court of Appeals for the Tenth Circuit · 1990
  2. In Re Paternity of Mth v. AgrCourt of Appeals of Wisconsin · 1987
  3. Domino's Pizza, a Michigan Corporation Domino's Pizza, Cross-Appellant v. Robert v. Seymour Robert v. Seymour the Sigma Fund Trust, Defendants- Cross-Appellants, and Patricia A. HolmesCourt of Appeals for the Sixth Circuit · 1988
  4. In Re Mile Hi Metal Systems, Inc., Debtor. Sheet Metal Workers' International Association, Local 9 v. Mile Hi Metal Systems, Inc.Court of Appeals for the Tenth Circuit · 1990

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