Tina Gee v. Jada Mitchell

Opinion

USCA11 Case: 23-12627 Document: 36-2 Date Filed: 10/24/2023 Page: 1 of 2

In the United States Court of Appeals For the Eleventh Circuit

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No. 23-12627 ____________________

TINA GEE, Plaintiff-Appellant, versus JADA MITCHELL, JONES, Captain, SPENCER, Lt, CHRISTIAN, STANTON, Officers, et al.,

Defendants-Appellees, USCA11 Case: 23-12627 Document: 36-2 Date Filed: 10/24/2023 Page: 2 of 2

2 Order of the Court 23-12627

THE CITY OF TUSCALOOSA, et al.,

Defendants.

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 7:23-cv-00388-LSC ____________________

Before JORDAN, JILL PRYOR, and LUCK, Circuit Judges. BY THE COURT: The motions to dismiss filed by appellees are DENIED. Tina Gee appeals from the district court’s July 10, 2023 final order dis- missing her case with prejudice. The appellees argue that the ap- peal is untimely because Gee filed her notice of appeal on August 10, 2023, 31 days after the final order was entered. However, the district court never entered judgment in a separate document, so Gee was entitled to an additional 150 days in which to appeal be- yond the normal 30-day deadline. See Fed. R. App. P. 4(a)(1)(A), 4(a)(7)(A); Fed. R. Civ. P. 58(a), (c). Thus, Gee’s notice of appeal is timely.