Condrey v. Suntrust Bank of GA

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS May 20, 2004 FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-30814 c/w No. 03-30838

TOMMY H. CONDREY; MODTRACK CORP.,

Plaintiffs-Appellants,

versus

SUNTRUST BANK OF GEORGIA; ET AL.,

Defendants,

SUNTRUST BANK OF GEORGIA,

Defendant-Appellee.

--------------------------------

TOMMY H. CONDREY; ET AL.,

Plaintiffs,

versus

SUNTRUST BANK OF GA; ET AL.,

Defendants.

HARRELL EQUIPMENT COMPANY, INC.,

Defendant-Cross Claimant-Appellant,

versus

SUNTRUST BANK OF GEORGIA,

Defendant-Cross Defendant-Appellee. Appeals from the United States District Court for the Western District of Louisiana (3:01-CV-286)

Before BARKSDALE, EMILIO M. GARZA, and PICKERING, Circuit Judges.

PER CURIAM:*

We consolidate these appeals. FED. R. APP. P. 3(b)(2). It goes

without saying that we must examine the basis of our appellate

jurisdiction, sua sponte, if need be. E.g., Smith v. Texas

Children’s Hospital, 172 F.3d 923, 925 (5th Cir. 1999). These

appeals are from the 29 July 2003 judgment signed by the magistrate

judge. Because, inter alia, the requisite consent was lacking, the

magistrate judge was not authorized to enter the judgment. See 28

U.S.C. § 636(c). Therefore there has not been a final judgment in

this case, and we are without appellate jurisdiction. See, e.g.,

Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993).

Accordingly, the appeals are

DISMISSED.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.