Legal Opinion

Ernest W. Kent v. James Baker, Iii, Secretary of the Treasury, Internal Revenue Service, an Agency of the United States Government

Court of Appeals for the Eleventh Circuit

Decided May 1, 1987No. 86-5296PublishedCited by 40 opinions

Non-Argument Calendar.

1Per curiam

This appeal raises two jurisdictional questions: (1) whether plaintiff timely filed an appeal, and (2) whether the district court erred by holding that it lacked jurisdiction to enforce a settlement agreement. We decide that the appeal was timely. Furthermore, we hold that a district court has jurisdiction to enforce a settlement when, as in the present case, a party claims a breach of the settlement agreement before the court has dismissed the action. Therefore, we vacate the district court’s judgment dismissing the lawsuit.

Plaintiff-appellant Ernest Kent filed an age discrimination lawsuit…

2Cases cited14 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. North Carolina v. RiceSupreme Court of the United States · 1971
  3. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  4. United States v. IndrelunasSupreme Court of the United States · 1973
  5. Solaroll Shade and Shutter Corp., Inc. v. Bio-Energy Systems, Inc., Broward Solar Center, Inc.Court of Appeals for the Eleventh Circuit · 1986

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

3Cited by40 opinions

  1. Walker v. MorthamCourt of Appeals for the Eleventh Circuit · 1998
  2. United States v. Bernard v. BausCourt of Appeals for the First Circuit · 1987
  3. Fogade v. ENB Revocable TrustCourt of Appeals for the Eleventh Circuit · 2001
  4. Georgia Association of Retarded Citizens v. Dr. Charles McDanielCourt of Appeals for the Eleventh Circuit · 1988
  5. Mesa v. United StatesCourt of Appeals for the Eleventh Circuit · 1995

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

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