Alvin R. Barney, II v. Escambia County, Florida, et al.
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Whether the Eleventh Circuit had the authority or subject matter jurisdiction to dismiss a premature notice of appeal as a sanction for failure to prosecute when no final judgment has been entered?
QUESTIONS PRESENTED ‘ FIRST QUESTION This first question is whether the Eleventh Circuit had the authority or subject matter jurisdiction to dismiss a premature notice of appeal as a sanction for failure to prosecute when no final judgment has been entered? SECOND QUESTION As an alternative basis for reversal, the second question is whether the . Eleventh Circuit abused its judicial discretion when it dismissed the appeal as a sanction for failure to prosecute without a finding of bad faith?