Acevedo Villalobos v. Hon. Hernandez

Procedural entryThis page is a short order in Acevedo Villalobos v. Hon. Hernandez. Read the opinion of the Court — 22 F.3d 384
Court of Appeals for the First Circuit·Decided April 28, 1994·No. 93-1544·Published

Opinion

USCA1 Opinion


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 93-1544

NORMA I. ACEVEDO-VILLALOBOS, ET AL.,

Plaintiffs, Appellants,

v.

HON. RAFAEL HERNANDEZ, ET AL.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Jaime Pieras, Jr., Senior U.S. District Judge]
__________________________

____________________

Before
Cyr, Circuit Judge,
_____________
Bownes, Senior Circuit Judge,
____________________
and Stahl, Circuit Judge.
_____________

____________________

Jesus Hernandez-Sanchez, with whom Hernandez-Sanchez Law Firm was
_______________________ __________________________
on brief for appellants.
Fidel A. Sevillano Del Rio, Assistant United States Attorney,
____________________________
with whom Guillermo Gil, United States Attorney, Donnie R. Murray,
______________ _________________
Deputy Regional Counsel, United States Department of Housing and Urban
Development, and Teresa Pombo, Chief Counsel, United States Department
____________
of Housing and Urban Development, were on brief for appellees, United
States, et al.
Vannessa Ramirez-Kausz, Assistant Solicitor General for the
_______________________
Commonwealth of Puerto Rico, with whom Carlos Lugo-Fiol, Deputy
_________________
Solicitor General, was on brief for appellee, Commonwealth.

____________________

April 28, 1994
____________________

BOWNES, Senior Circuit Judge. This appeal raises a
BOWNES, Senior Circuit Judge.
____________________

procedural question of first impression in our circuit:

whether the dismissal of a complaint, which does not

explicitly dismiss the action, constitutes a "final

decision[]," and is therefore appealable under 28 U.S.C.

1291.1 We rule in the affirmative, holding that the

plaintiffs had both the right to appeal from the judgment

dismissing their complaint and the duty to do so in a timely

manner. Because plaintiffs' appeal was not timely, we lack

jurisdiction to review the dismissal of the complaint.

Furthermore, we conclude that appellate jurisdiction is

lacking over the district court's denial of plaintiffs' first

motion for postjudgment relief, and that their second such

motion was untimely, and therefore properly denied by the

district court. Accordingly, we affirm.

I.
I.

BACKGROUND
BACKGROUND
__________

Plaintiffs-appellants are, for the most part,

former employees of the Puerto Rico Public Housing

Administration (PRPHA). On May 2, 1992, PRPHA and the

Commonwealth of Puerto Rico, acting through former governor

Rafael Hernandez Colon, signed an agreement with

representatives of the United States Department of Housing

____________________

1. Section 1291 provides: "The courts of appeals . . .
shall have jurisdiction of appeals from all final decisions
of the district courts of the United States. . . ."

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and Urban Development (HUD). Under the agreement, the

Commonwealth and HUD agreed to take certain actions in order

to expedite the privatization of the management of federally

funded public housing projects in Puerto Rico, as well as the

decentralization of PRPHA. The privatization provisions of

the agreement are at the center of plaintiffs' claims.

The agreement committed the Commonwealth to pursue,

and HUD to support, a plan to privatize federally assisted

housing projects by transferring the administration and

maintenance of such projects to private contractors. As a

result of this privatization, a sizeable percentage of

PRPHA's employees would be laid off. The agreement between

HUD and PRPHA briefly addresses the plight of PRPHA's

employees in a cursory manner:

The private management process may
require the elimination of positions
within the present structure of the
PRPHA. Employees holding said positions
will receive benefits as provided by law.
HUD will provide federal funding for
payment of their benefits resulting from
the federally funded public housing
program. The Commonwealth will fund
costs ineligible for federal funding.

Privatization Agreement, Art. I, 4. In addition, PRPHA

agreed to encourage private contractors to employ displaced

employees. Id. at 6b. Shortly thereafter, PRPHA
___

formulated a layoff plan to comply with the relevant

provisions of Puerto Rico's Public Service Personnel Act, see
___

3 L.P.R.A. 1336(6). A layoff plan was finalized in April

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1992, and the privatization agreement was set to go into

effect on August 1.

On June 26, 1992 letters were sent to PRPHA

employees notifying them that,

[s]ince you are one of the persons
affected by layoffs, we notify you that
owing to lack of work, we have no other

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