Motions to Reinstate Appeals while discretionary are governed by Circuit Rule 42-3. However, this discretion is not without limits.
Appellant seeks reconsideration of the order denying reinstatement.Ĭircuit Rule 27-1(c)(11) vests the Clerk with the power to decide unopposed Motions to Reinstate subject to review by the Court. Inexplicably, the Motion to reinstate was denied with no reason provided. Appellant filed a compliant brief on January 21, 2010. On January 13, 2010, deficiencies were noted by the Clerk in the brief and Appellant notified and given an opportunity to make corrections, which were timely and properly done to the satisfaction of the clerk.
SAMPLE MOTION FOR RECONSIDERATION FEDERAL PRO
Counsel could not prosecute any earlier as her pro huc vice request was not granted earlier. The courts own electronic docket irrefutably shows timely electronic submittal. Appellant thereafter filed a timely motion to reinstate and a proposed brief. This case was dismissed for lack of prosecution on November 24, 2009. Pursuant to Federal Rules of Procedure Rule 27 and Eleventh Circuit Rule 27-2 Appellant requests the Court reconsider its order of Februdue to an error of fact and law. In addition to the parties, Appellant certifies the following persons have an interest in this matter:Īppellant is an individual and not a corporation. I certify that: The attached motion for stay is in compliance with the 11th Circuit Rule 27-1ĭated: March 17, 2010. Ipdate 03.17.10 Motion for Reconsideration in Cook v Good filed with the 11th Circuit Court of AppealsĪppeal from Final Judgment of the United States District Court,Ģ9839 S.
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