Robert Brown v. Virgil Griffin, No. 16-2195 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Benton, Bowman and Shepherd, Circuit Judges] Civil case - Appellate Procedure. The order appealed from did not dispose of all defendants and the appeal was, therefore, premature; defendant failed to file a new notice of appeal after the entry of judgment disposing of the claims, and his premature appeal is not saved by FRAP 4(a)(2); dismissed for lack of jurisdiction.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2195 ___________________________ Robert E. Brown lllllllllllllllllllll Plaintiff - Appellant v. Robert Williams; Norma B. Williams; Williams Home Service, Inc.; Wayne L. Watkins; Spring River Beach Club, Inc. lllllllllllllllllllll Defendants Virgil Griffin; Mrs. Virgil Griffin; Griffin Park, LLC lllllllllllllllllllll Defendants - Appellees Jesus is Lord Ministries, Inc.; Bigger Bluff Corporation lllllllllllllllllllll Defendants ____________ Appeal from United States District Court for the Eastern District of Arkansas - Jonesboro ____________ Submitted: June 16, 2017 Filed: June 21, 2017 [Unpublished] ____________ Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. In his action for civil remedies under the Racketeer Influenced and Corrupt Organizations Act, Robert Brown filed this appeal after the District Court1 entered summary judgment in favor of defendants Virgil Griffin, Mrs. Virgil Griffin, and Griffin Park, LLC. While the parties have not raised the issue, we conclude that we lack jurisdiction to entertain Brown’s appeal. See 28 U.S.C. § 1291 (giving the courts of appeals jurisdiction of appeals from all final decisions of the district courts); Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006) (noting that a federal court will sua sponte consider its own jurisdiction when there is an indication that jurisdiction is lacking). Brown had unresolved claims against three remaining defendants when he filed this appeal, and he did not file a new notice of appeal within thirty days after the entry of the judgment disposing of those claims. See Thomas v. Basham, 931 F.2d 521, 523–24 (8th Cir. 1991) (concluding that an appeal was premature where some claims were still pending when the notice of appeal was filed); see also Dieser, 440 F.3d at 924–26 (noting that where a district court order appealed from did not dispose of all claims, the premature appeal cannot be saved by Rule 4(a)(2) of the Federal Rules of Appellate Procedure, which states, “A notice of appeal filed after the court announces a decision or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry.”). The appeal is dismissed for lack of jurisdiction, and the pending motion to supplement the record is denied as moot. ______________________________ 1 The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas. -2-
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