United States Fifth Circuit

In the context of determining the timeliness of a notice of appeal, a court's failure to promptly approve of the form of a separate document judgment as required by Fed. R. Civ. P. 58(a)(2)(B) does not detract from a clerk's independent authority and duty under Fed. R. Civ. P. 79(a) to promptly make the appropriate entry in the civil docket. Also, Fed. R. Civ. P. 58(c)(2), when read in context with Fed. R. App. P. 4(a)(4)(iii), authorizes a district court to delay the finality of a judgment on the merits only for the purpose of allowing appeals from both the merits judgment and the fee judgment to be taken at the same time.

Appellate Information

• Decided 09/15/2006
• Published 09/18/2006

Judges

• DENNIS, Circuit Judge:, Before DAVIS, SMITH and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• W. Bailey Barton (argued), Law Offices of W. Bailey Barton, San Marcus, TX, Sarah A. Scott, Law Office of Sarah Scott, Austin, TX, for Plaintiff-Appellee., Jacqueline Marie Stroh (argued), Crofts & Callaway, Amy M. Eubanks, San Antonio, TX, for Defendant-Appellant.