Randall D. Durham v. Dassault Falcon Jet Corp

23-3320Court of Appeals for the Eighth CircuitJan 31, 2025

Full text

United States Court of Appeals
For the Eighth Circuit
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No. 24-1855
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Randall D. Durham
Plaintiff - Appellant
v.
Dassault Falcon Jet Corp
Defendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: January 21, 2025
Filed: January 24, 2025
[Unpublished]
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Before BENTON, ERICKSON, and KOBES, Circuit Judges.
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PER CURIAM.
Arkansas resident Randall Durham appeals after the district court1 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.

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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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