United States, ex rel. Howard Beck v. St. Joseph Health System, et al.

This case presents a circuit split regarding the effect of a second timely filed post-judgment motion under Rule 59 on the appellate court’s jurisdiction. The question presented is — Whether a court-created exception barring successive post-judgment motions can deprive a court of appeals of jurisdiction over an appeal that is timely filed—under the plain language of Rule 4 of the Federal Rules of Appellate Procedure—within 30 days of the entry of the order disposing of the last timely filed post-judgment motion, which in this case was a second Rule 59(e) motion to reconsider, timely filed—under Rule 59 of the Federal Rules of Civil Procedure—within 28 days after entry of the judgment. (i)