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Jennings v. Gulfshore Private Home Care, LLC

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-1329 11th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a district court has the power to sua sponte vacate a final judgment without notice to the parties, an issue that has divided the circuits, the U.S. Courts of Appeals for the 6th and 10th Circuits saying “no” and the other circuits considering it saying “yes,” and if there is such power, whether it is a violation of due process to vacate a judgment without notice to any of the parties, such that the vacatur is void; (2) whether, if there is such power, the sua sponte reconsideration should be considered a motion under Federal Rule of Civil Procedure 59(e) and the notice of appeal should be considered premature and timely, pursuant to the plain language Federal Rule of Appellate Procedure 4(a)(4); and (3) whether the right of appeal is not lost if a mistake is made in designating the judgment appealed from when it is clear that the overriding intent was effectively to appeal, as held by the Supreme Court and every other circuit to consider the question.

DateProceedings and Orders (key to color coding)
Mar 31 2022Petition for a writ of certiorari filed. (Response due May 5, 2022)
May 17 2022Waiver of right of respondent Gulfshore Private Home Care, LLC to respond filed.
May 17 2022DISTRIBUTED for Conference of 6/2/2022.