Condrey v. Suntrust Bank of GA, et al

United States Court of Appeals
Fifth Circuit
F I L E D
May 20, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
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.

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*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this opinion should not be published and is not precedent except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.
2
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.

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