M. Eugene Gibbs v. Barbara Albytine Gibbs, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10098
Non-Argument Calendar
____________________
In Re: BARBARA ALBYTINE GIBBS,
Debtor.
______________________________________________
M. EUGENE GIBBS,
Plaintiff-Appellant,
versus
BARBARA ALBYTINE GIBBS,
NATIONSTAR MORTGAGE LLC,
d.b.a. Mr. Cooper,
BANK OF AMERICA,
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2 Opinion of the Court 24-10098
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-01898-MHC,
Bkcy No. 1:19-bk-54809-WLH
____________________
Before JORDAN, NEWSOM, and GRANT, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. M. Eugene Gibbs, proceeding pro se, filed a counterclaim in
the United States Bankruptcy Court for the Northern District of
Georgia as an interested party to his wife’s Chapter 13 bankruptcy
proceedings. Gibbs appealed two bankruptcy court orders to the
district court, which entered a final order and judgment dismissing
Gibbs’s district court appeal on August 7, 2023. Gibbs filed two
postjudgment motions, which the district court denied in orders
entered September 8, 2023, and September 15, 2023. Gibbs filed a
notice of appeal from the district court’s August 7, 2023, final order
and judgment and September 8, 2023, and September 15, 2023, or-
ders denying his postjudgment motions.
Gibbs’s notice of appeal was untimely to appeal from the
district court’s August 7, 2023, final order and judgment and Sep-
tember 8, 2023, and September 15, 2023, orders. The deadline to
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24-10098 Opinion of the Court 3
appeal from the first two orders, and the judgment, was October
10, 2023, because Gibbs’s first postjudgment motion tolled the time
to appeal, while the deadline to appeal from the third order was
October 16, 2023. See Fed. R. App. P. 6(a); see also Fed. R. App. P.
4(a)(1)(A); Fed. R. App. P. 6(b)(2)(A); Fed. R. Bankr. P. 8022; Fed.
R. App. P. 26(a)(1)(C). However, Gibbs did not file his notice of
appeal until January 8, 2024. Thus, Gibbs’s appeal cannot invoke
our appellate jurisdiction as to any of the orders. See In re Porto, 645
F.3d 1294, 1301 (11th Cir. 2011).
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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