Estate of Geraldine F. Jennings, et al. v. Gulfshore Private Home Care, LLC

In this case, the district court entered an order dismissing the case upon summary judgment and directed the clerk to enter judgment. The clerk did so and the plaintiff filed a notice of appeal. The district court then sua sponte issued an order vacating the judgment, without notice, and subsequently issued an almost identical order that did not impact the dismissal, and the clerk issued a new judgment of dismissal. This raises the following 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 Sixth and the Tenth Circuits saying “no” and the other Circuits considering it saying “yes,” and if there is such power, 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 Fed.R.Civ.P. 59(e) and the notice of appeal should be considered premature and timely, pursuant to the plain language Fed.R.App.P. 4(a)(4). . 3, Whether, the right of appeal is not lost if a mistake is made in designating the judgment appealed from where it is clear that the overriding intent was