Commodore Foster Bebout v. Dr. George J. Beto, Director, Texas Department of Corrections

Fifth Circuit

Commodore Foster Bebout v. Dr. George J. Beto, Director, Texas Department of Corrections

472 F.2d 339

Court of Appeals for the Fifth Circuit·Decided January 23, 1973·No. 72-2838·Published·Cited by 1 cases

Opinion

PER CURIAM:

This case comes to this court on an appeal from the denial of a motion for rehearing which motion was filed over four years after entry of the judgment of dismissal on which rehearing was sought.

The motion for rehearing was not timely filed; hence the time for filing notice of appeal was not extended. Thus a timely notice of appeal is lacking and the appeal must be dismissed for want of jurisdiction. See Albers v. Gant, 5 Cir., 1970, 435 F.2d 146.

Dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

This case comes to this court on an appeal from the denial of a motion for rehearing which motion was filed over four years after entry of the judgment of dismissal on which rehearing was sought.

The motion for rehearing was not timely filed; hence the time for filing notice of appeal was not extended. Thus a timely notice of appeal is lacking and the appeal must be dismissed for want of jurisdiction. See Albers v. Gant, 5 Cir., 1970, 435 F.2d 146.

Dismissed.

Commodore Foster Bebout v. Dr. George J. Beto, Director, Texas Department of Corrections, 472 F.2d 339 (5th Cir. 1973).

Pincite

472 F.2d 339 (Commodore Foster Bebout v. Dr. George J. Beto, Director, Texas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related