Opinion · Court of Appeals for the Fifth Circuit

National Association for the Advancement of Colored People of Louisiana and Emmitt J. Douglas v. Louis J. Michot, Etc.

Nat’l Ass’n for the Advancement of Colored People of La. & Emmitt J. Douglas v. Louis J. Michot, Etc., 480 F.2d 547 (5th Cir. 1973)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1973-06-11
Topic
general

How later courts describe this case

  • time between a November 28 judgment and a December 29 appeal is thirtyone days
  • denial of consolidation was not an appealable order; alternative holding
  • “An order denying consolidation is not a final appealable order.”
  • denial of consolidation not appeal-able

Citator

UpLaw has not yet analyzed National Association for the Advancement of Colored People of Louisiana and Emmitt J. Douglas v. Louis J. Michot, Etc.. The absence of a flag is not a finding that it is good law.

Cited by
28 opinions
N. A. A. C. P. OF LOUISIANA v. MICHOT,480 F.2d 547(5th Cir. 1973)
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE OF LOUISIANA AND
EMMITT J. DOUGLAS, PLAINTIFFS-APPELLANTS, v. LOUIS J. MICHOT, ETC., ET AL.,
DEFENDANTS-APPELLEES.
No. 73-1312.
United States Court of Appeals, Fifth Circuit.
June 11, 1973.
Page 548
Johnnie A. Jones, Walter C. Dumas, Baton Rouge, La., for plaintiffs-appellants.

William J. Guste, Jr., Atty. Gen. of La., Reginald Coco, Asst. Atty. Gen., Thomas Rayer, Sp. Counsel, Victor A. Sachse, Baton Rouge, La., Thomas A. Rayer, New Orleans, La., for defendants-appellees.
Appeal from the United States District Court for the Middle District of Louisiana.
Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.
PER CURIAM.
[1] After a complete review of the record, it is our considered opinion that this court does not have jurisdiction to hear the instant appeal and thus we are compelled to dismiss. We reach this conclusion on two alternative grounds. First, this is an appeal from the lower court's order denying appellant's motion to consolidate its case with a suit previously filed in that court. A trial court has broad discretion in determining whether to consolidate a case pending before it. An order denying consolidation is not a final appealable order. See, 9 Wright Miller, Federal Practice and Procedure, § 2386 (1971); United States v. Chelsea Towers, Inc.,404 F.2d 329(3d Cir. 1968).

[2] Furthermore, appellant did not timely perfect an appeal. Rule4of the Federal Rules of Appellate Procedure requires that a notice of appeal be filed in the district court within thirty days. The order denying consolidation was entered on November 28, 1972, but appellant did not file its notice of appeal until December 29, 1972. Thus thirty-one days elapsed before the notice of appeal was filed and therefore this court is without jurisdiction to hear this appeal, in the absence of further proceedings in the district court under Rule4(a), F.R. A.P., to determine the existence of excusable neglect in the late filing of the notice of appeal.

[3] Appeal dismissed.