K Union Company v. 2070 Beaver Ruin Center, LLC

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10959
Non-Argument Calendar
____________________
K UNION COMPANY,
Plaintiff-Counter Defendant-Appellee,
versus
2070 BEAVER RUIN CENTER, LLC, a.k.a. RS Beaver Ruin Center,
LLC,
Defendant-Counter Claimaint-Appellant.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-01585-SCJ
USCA11 Case: 24-10959 Document: 8-1 Date Filed: 05/16/2024 Page: 1 of 2

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2 Opinion of the Court 24-10959
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Before R OSENBAUM , NEWSOM , and G RANT, Circuit Judges.
PER CURIAM:
2070 Beaver Ruin Center, LLC (“Beaver Ruin Center”) ap-
peals the district court’s January 30, 2024 judgment in favor of
plaintiff K Union Company. The statutory time limit required Bea-
ver Ruin Center to file a notice of appeal by February 29, 2024,
which was 30 days after the district court’s January 30 judgment.
See 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A). However, Bea-
ver Ruin Center did not file its notice of appeal until March 1, 2024.
Additionally, there is no basis in the record for relief under
Federal Rules of Appellate Procedure 4(a)(5) or 4(a)(6). Accord-
ingly, the notice of appeal is untimely and cannot invoke our ap-
pellate jurisdiction. See Green v. Drug Enf’t Admin., 606 F.3d 1296,
1300 (11th Cir. 2010) (noting that the timely filing of a notice of
appeal in a civil case is a jurisdictional requirement, and we cannot
entertain an appeal that is out of time).
Accordingly, this appeal is DISMISSED, sua sponte, for lack
of jurisdiction. 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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