Intrepid Marine Towing & Salvage, Inc., et al v. Unknown Claimants, et al

23-13170Court of Appeals for the Eleventh CircuitNov 13, 2023

Full text

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13170
Non-Argument Calendar
____________________
INTREPID MARINE TOWING & SALVAGE, INC.,
and its stockholder/s, including
d.b.a Sea Tow Clearwater/Port Richey,
JAMES PATRICK LAMB,
as owners and/or owners pro hac vice of a
1998 World Cat 266SS, Vessel ID No., (VIN)
EPY662178898, FL Reg. No. FL3588KF,
including her engines, gear, tackle, appurtenances,
equipment, furniture, etc., for Exoneration from
and/or Limitation of Liability,
Petitioners-Appellants,
versus
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2 Opinion of the Court 23-13170
UNKNOWN CLAIMANTS,
NICHOLAS CACHUSSIE,
ADRIENNE CACHUSSIE,
CHERYL WATKINS,
Claimants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:21-cv-00420-CEH-SPF
____________________
Before ROSENBAUM, B RANCH, and L AGOA, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Because Intrepid Marine Towing & Salvage, Inc., d/b/a Sea
Tow Clearwater/Port Richey, and its shareholders filed a motion
for reconsideration within 30 days of the district court’s December
8, 2022, final judgment, the 30-day statutory time limit required the
appellants to file a notice of appeal on or before September 21,
2023, 30 days after disposition of the motion for reconsideration.
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23-13170 Opinion of the Court 3
See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A), (4)(A). However,
the appellants did not file a notice of appeal until September 27,
2023.
Accordingly, the notice of appeal is untimely and cannot in-
voke our appellate jurisdiction. See Hamer v. Neighborhood Hous.
Servs. of Chi., 138 S. Ct. 13, 21 (2017).
No petition for rehearing may be filed unless it complies
with the timing and other requirements of 11th Cir. R. 40-3 and all
other applicable rules.
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