Preston Knapp v. Compass Minnesota, LLC

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 24, 2025
• Docket: 24-2722
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-2722 ___________________________

Preston Byron Knapp; Michelle Nichole Knapp

Plaintiffs - Appellants

v.

Compass Minnesota, LLC; Daniel Philip Hollerman

Defendants - Appellees ____________

Appeal from United States District Court for the District of Minnesota ____________

Submitted: January 21, 2025 Filed: January 24, 2025 [Unpublished] ____________

Before BENTON, GRASZ, and KOBES, Circuit Judges. ____________

PER CURIAM.

Preston and Michelle Knapp appeal following the district court’s 1 dismissal of their pro se action and the entry of a separate judgment granting the defendants’ joint motion for sanctions. Having jurisdiction under 28 U.S.C. § 1291, this court

1 The Honorable Susan Richard Nelson, United States District Judge for the District of Minnesota. affirms the judgment for sanctions and dismisses the balance of the appeal for lack of jurisdiction.

After careful review, this court finds no abuse of discretion in the judgment for sanctions. See Coonts v. Potts, 316 F.3d 745, 753 (8th Cir. 2003) (standard of review). As the notice of appeal was filed more than 30 days after the judgment granting the defendants’ motion to dismiss, this court does not have jurisdiction to review the dismissal order. See Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006) (timely notice of appeal is mandatory and jurisdictional).

The judgment for sanctions is affirmed and the balance of the appeal is dismissed. See 8th Cir. R. 47B. ______________________________

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