LARRY GRANT LONCHAR, PETITIONER-APPELLEE,
v.
TONY TURPIN, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER, RESPONDENT-APPELLANT

11th Cir. | 1996-05-16
No. 95-8821
Before TJOFLAT, Chief Judge, and COX and DUBINA, Circuit Judges.
84 F.3d 386 Court of Appeals for the Eleventh Circuit (1996) Caution
Cited by 9 cases

Opinion of the Court
BY THE COURT:

BY THE COURT: This case is before us on remand from the Supreme Court following a ruling and judgment vacating the judgment of this court. It is ordered that the case is remanded to the district court for further proceedings consistent with the Supreme Court’s opinion.


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    …ve effect to a judgment on another matter is an “essentially ministerial task,” rather than a review. This circuit has held that a court of appeals may vacate an order of remand when necessary to give effect to its judgments. In Flohr v. Mackovjak, 84 F. 3d 386, 392 (11th Cir.1996), this court reversed the district court’s denial of the defendant’s motion to substitute the United States as the party defendant in a negligence action, a denial that led to remand to state court. The court then explained that…
  • Osborn v. Haley, 549 U.S. 225 (U.S. 2007)
    …nderson, 243 F. 3d 446, 448 (CA8 2001); Borne-man, 213 F. 3d, at 826 (CA4); Lyons v. Brown, 158 F. 3d 605, 607 (CA1 1998); Taboos v. Mlynczak, 149 F. 3d 576, 579 (CA7 1998); Coleman v. United States, 91 F. 3d 820, 823 (CA6 1996); Flohr v. Mackovjak, 84 F. 3d 386, 390 (CA11 1996); Kimbro, 30 F. 3d, at 1503 (CADC); Aliota, 984 F. 2d, at 1354 (CA3); Pelletier v. Federal Home Loan Bank of San Francisco, 968 F. 2d 865, 873 (CA9 1992); McHugh, 966 F. 2d, at 69 (CA2); Carlson, 896 F. 2d, at 133 (CA5). We confirm…
  • Allen v. Christenberry, 327 F.3d 1290 (11th Cir. 2003)
    …came a day before the removal, that Drs. Christenberry and God-free were not to be deemed employees did not create federal question jurisdiction under 28 U.S.C. § 1331. They base their argument to the contrary on our decision in Flohr v. Mackovjak, 84 F. 3d 386 (11th Cir.1996), which does not support their position. Flohr involved the collateral order doctrine and a question of appellate jurisdiction. We held only that we had jurisdiction to review the district court’s denial of the United States’ motion t…

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