ADAM G. NUNEZ, PLAINTIFF-APPELLANT,
v.
THE SUPERIOR OIL COMPANY, DEFENDANT-APPELLEE
ADAM G. NUNEZ, PLAINTIFF-APPELLANT,
THE SUPERIOR OIL COMPANY, DEFENDANT-APPELLEE
535 F.2d 324
Court of Appeals for the Fifth Circuit (1976)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM:
In this case the district court rendered a “ruling” granting defendant-appellee’s motion for summary judgment. However, there was a failure to comply with the mechanical requirement of Rule 58 of the Federal Rules of Civil Procedure that the judgment be “set forth on a separate document.” Hence, this appeal must be dismissed. Taylor v. Sterrett, 527 F. 2d 856 (5 Cir. 1976). See United States v. Indrelunas, 411 U.S. 216, 93 S.Ct. 1562, 36 L.Ed.2d 202 (1973).
Should a new appeal be taken after compliance with Rule 58, complete rebriefing is not required. We suggest, however, that the parties may wish to file succinct supplemental briefs on the question whether appellee’s defense concerning failure to give notice of default is one that should have been set forth affirmatively under Rule 8(c) of the Federal Rules of Civil Procedure and, if so, whether this defense was set forth affirmatively.1
APPEAL DISMISSED.
. See Record, v.1 at 197 and 199. But see Brief for Appellee at 52.
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United States v. Perez, 736 F.2d 236 (5th Cir. 1984)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- United States v. Indrelunas, 411 U.S. 216 (U.S. 1973)
- Taylor v. Sterrett, 527 F.2d 856 (5th Cir. 1976)