Tina Gee v. Jada Mitchell, et al.

In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12627
____________________
TINA GEE,
Plaintiff-Appellant,
versus
JADA MITCHELL,
JONES,
Captain,
SPENCER,
Lt,
CHRISTIAN,
STANTON,
Officers, et al.,
Defendants-Appellees,
USCA11 Case: 23-12627 Document: 36-2 Date Filed: 10/24/2023 Page: 1 of 2

-- 1 of 2 --

2 Order of the Court 23-12627
THE CITY OF TUSCALOOSA, et al.,
Defendants.
____________________
Appeal from the United States District Court
for the Northern District of Alabama
D.C. Docket No. 7:23-cv-00388-LSC
____________________
Before JORDAN , JILL P RYOR , and L UCK , Circuit Judges.
BY THE COURT:
The motions to dismiss filed by appellees are DENIED. Tina
Gee appeals from the district court’s July 10, 2023 final order dis-
missing her case with prejudice. The appellees argue that the ap-
peal is untimely because Gee filed her notice of appeal on August
10, 2023, 31 days after the final order was entered. However, the
district court never entered judgment in a separate document, so
Gee was entitled to an additional 150 days in which to appeal be-
yond the normal 30-day deadline. See Fed. R. App. P. 4(a)(1)(A),
4(a)(7)(A); Fed. R. Civ. P. 58(a), (c). Thus, Gee’s notice of appeal is
timely.
USCA11 Case: 23-12627 Document: 36-2 Date Filed: 10/24/2023 Page: 2 of 2

-- 2 of 2 --