No. 23-111

United States, ex rel. Howard Beck v. St. Joseph Health System, et al.

Lower Court: Fifth Circuit
Docketed: 2023-08-04
Status: Denied
Type: Paid
Response Waived
Tags: appellate-jurisdiction circuit-split civil-procedure federal-rules-civil-procedure federal-rules-of-appellate-procedure federal-rules-of-civil-procedure jurisdiction post-judgment-motion post-judgment-motions rule-59 timely-appeal
Key Terms:
SocialSecurity
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether a court-created exception barring successive post-judgment motions can deprive a court of appeals of jurisdiction over an appeal that is timely filed

Question Presented (from Petition)

QUESTION PRESENTED This case presents a circuit split regarding the effect of a second timely filed post-judgment motion under Rule 59 on the appellate court’s jurisdiction. The question presented is — Whether a court-created exception barring successive post-judgment motions can deprive a court of appeals of jurisdiction over an appeal that is timely filed—under the plain language of Rule 4 of the Federal Rules of Appellate Procedure—within 30 days of the entry of the order disposing of the last timely filed post-judgment motion, which in this case was a second Rule 59(e) motion to reconsider, timely filed—under Rule 59 of the Federal Rules of Civil Procedure—within 28 days after entry of the judgment. (i)

Docket Entries

2023-10-02
Petition DENIED.
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-08-31
Waiver of right of respondent St. Joseph Health System, et al. to respond filed.
2023-08-02
Petition for a writ of certiorari filed. (Response due September 5, 2023)

Attorneys

St. Joseph Health System, et al.
Blake Hamilton ReevesPolsinelli PC, Respondent
Blake Hamilton ReevesPolsinelli PC, Respondent
United States of America Ex Rel. Howard W. Beck, M.D.
Gaines F. West IIWest, Webb, Allbritton & Gentry, P.C., Petitioner
Gaines F. West IIWest, Webb, Allbritton & Gentry, P.C., Petitioner