Randall Durham v. Dassault Falcon Jet Corp

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 24, 2025
• Docket: 24-1855
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 24-1855 ___________________________

Randall D. Durham

Plaintiff - Appellant

v.

Dassault Falcon Jet Corp

Defendant - Appellee ____________

Appeal from United States District Court for the Western District of Arkansas - Hot Springs ____________

Submitted: January 21, 2025 Filed: January 24, 2025 [Unpublished] ____________

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

PER CURIAM.

Arkansas resident Randall Durham appeals after the district court 1 dismissed his civil action against his former employer Dassault Falcon Jet Corp and denied his motion for reconsideration. Dassault Falcon Jet Corp urges affirmance while also

1 The Honorable Susan O. Hickey, Chief Judge, United States District Court for the Western District of Arkansas. suggesting that Durham’s notice of appeal was untimely. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

Durham’s notice of appeal was timely filed. Judgment was not entered in a separate document, and thus the time to appeal did not begin to run until judgment was deemed entered 150 days after the dismissal order. See Fed. R. Civ. P. 58(a); Fed. R. App. P. 4(a)(7)(A)(ii).

Upon careful consideration of the record and the parties’ arguments on appeal, this court concludes that the district court properly granted judgment on the pleadings. See Mt. Hawley Ins. Co. v. City of Richmond Heights, 92 F.4th 763, 766 (8th Cir. 2024). Further, the district court did not abuse its discretion in denying reconsideration of its order dismissing the case. See Meier v. City of St. Louis, 78 F.4th 1052, 1059-60 (8th Cir. 2023).

The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

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