Lena Lindberg v. Bruce Assam, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11253
Non-Argument Calendar
____________________
LENA MARIE LINDBERG,
Plaintiff-Appellant,
versus
BRUCE LEE ASSAM,
Green Oak Partners, LLC,
LARRY BYRD,
Accounts Manager, Prager Moving,
ERIC THOMPSON,
Police Detective,
SARA BERNARD,
Attorney at Holland & Knight, LLP,
EDWARD TORRES,
USCA11 Case: 23-11253 Document: 11-1 Date Filed: 05/24/2023 Page: 1 of 3

-- 1 of 3 --

2 Opinion of the Court 23-11253
Investigative Process Services, Inc., et al.,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:21-cv-01704-RBD-DCI
____________________
Before J ORDAN , NEWSOM, AND B RANCH, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The statutory time limit required Lena Lindberg to file a no-
tice of appeal on or before May 31, 2022, which was the next busi-
ness day after 30 days following the date judgment was deemed
entered on the district court’s November 29, 2021 dismissal order.
Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(7)(A), 26(a)(1)(C). How-
ever, Lindberg did not file a notice of appeal until April 14, 2023.
Additionally, there is no basis in the record for relief under
Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accord-
ingly, the notice of appeal is untimely and cannot invoke our ap-
pellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296,
1300 (11th Cir. 2010) (noting that the timely filing of a notice of
USCA11 Case: 23-11253 Document: 11-1 Date Filed: 05/24/2023 Page: 2 of 3

-- 2 of 3 --

23-11253 Opinion of the Court 3
appeal in a civil case is a jurisdictional requirement, and we cannot
entertain an appeal that is out of time).
All pending motions are denied as moot. No petition for re-
hearing may be filed unless it complies with the timing and other
requirements of 11th Cir. R. 40-3 and all other applicable rules.
USCA11 Case: 23-11253 Document: 11-1 Date Filed: 05/24/2023 Page: 3 of 3

-- 3 of 3 --