Legal Opinion

Frank Gibbs, Jr. v. Maxwell House, a Division of General Foods Corporation

Court of Appeals for the Eleventh Circuit

Decided March 25, 1983No. 82-3160PublishedCited by 7 opinions

1Opinion of the Court

BY THE COURT:

In this civil rights action, we grant defendant Maxwell House’s motion to dismiss plaintiff Gibbs’ appeal for lack of a timely notice of appeal. On October 12, 1982 the district court dismissed Gibbs’ action. Purporting to invoke both Fed.R.Civ.P. 59 and 60, Gibbs on October 22nd filed a timely “Motion for Reconsideration and Relief from Order of Dismissal.” On November 10th, before the district court had ruled on his motion, Gibbs filed a notice of appeal from the dismissal order. On November 24th, the district court denied Gibbs’ October 22nd motion. Finally, on January 24,…

2Cases cited2 opinions

  1. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  2. Ellis Williams v. William F. Bolger, Postmaster GeneralCourt of Appeals for the Fifth Circuit · 1980

3Cited by7 opinions

  1. Cox v. American Cast Iron Pipe Co.Court of Appeals for the Eleventh Circuit · 1986
  2. American Manufacturers Mutual Insurance Company v. Edward D. Stone, Jr. & Assoc.Court of Appeals for the Eleventh Circuit · 1984
  3. Frank Gibbs, Jr. v. Maxwell House, a Division of General Foods CorporationCourt of Appeals for the Eleventh Circuit · 1984
  4. Florida Women's Medical Clinic, Inc. v. Jim Smith, Etc.Court of Appeals for the Eleventh Circuit · 1983
  5. Gary Douglas Jester v. United StatesCourt of Appeals for the Eleventh Circuit · 1983

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