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CAFC-DCTSeptember 21, 2026·26-1979·Appeal dismissed; each party to bear its own costs.

BROWN v. ABNEY

District Court

Holding

The Federal Circuit dismissed the appeal for lack of jurisdiction because the notice of appeal was filed nearly two years after the district court's May 2024 judgment. The court held that the deadline for appealing a district-court judgment is mandatory and jurisdictional, leaving no room for equitable exceptions.

Why It Matters

The order is a straightforward reminder that untimely district-court appeals cannot be rescued by equitable arguments or by filing in the Federal Circuit.

Full Summary

BROWN v. ABNEY [ORDER] The Federal Circuit dismissed the appeal for lack of jurisdiction because the notice of appeal was filed nearly two years after the district court's May 2024 judgment. The court held that the deadline for appealing a district-court judgment is mandatory and jurisdictional, leaving no room for equitable exceptions. The order is a straightforward reminder that untimely district-court appeals cannot be rescued by equitable arguments or by filing in the Federal Circuit. Appeal dismissed; each party to bear its own costs. The district court entered judgment dismissing Brown's complaint in May 2024. The Fifth Circuit had previously dismissed Brown's appeals as untimely. Brown filed a May 8, 2026 submission that the district court docketed as a notice of appeal to the Federal Circuit. Applying 28 U.S.C. § 2107(a), Federal Rule of Appellate Procedure 4, and Bowles v. Russell, the Federal Circuit concluded no court of appeals would have jurisdiction over the clearly untimely appeal. The nonprecedential order dismissed the appeal and taxed each side its own costs. standing / jurisdiction waiver / forfeiture non-precedential standing / jurisdiction waiver / forfeiture non-precedential standing / jurisdiction non-precedential

Key Points

  • The district court entered judgment dismissing Brown's complaint in May 2024.
  • The Fifth Circuit had previously dismissed Brown's appeals as untimely.
  • Brown filed a May 8, 2026 submission that the district court docketed as a notice of appeal to the Federal Circuit.
  • Applying 28 U.S.C. § 2107(a), Federal Rule of Appellate Procedure 4, and Bowles v. Russell, the Federal Circuit concluded no court of appeals would have jurisdiction over the clearly untimely appeal.
  • The nonprecedential order dismissed the appeal and taxed each side its own costs.
standing / jurisdictionwaiver / forfeiturenon-precedential

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