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Condrey v. Suntrust Bank of Georgia

Citation: 97 F. App'x 488Docket: No. 03-30814, 03-30838

Court: Court of Appeals for the Fifth Circuit; May 20, 2004; Federal Appellate Court

Narrative Opinion Summary

The appeals are consolidated and reviewed for appellate jurisdiction. The court finds that the magistrate judge's judgment, signed on July 29, 2003, was unauthorized due to the absence of requisite consent as required by 28 U.S.C. § 636(c). Consequently, there has been no final judgment in the case, resulting in a lack of appellate jurisdiction. As a result, the appeals are dismissed. The court also states that this opinion is not to be published and does not serve as precedent, except under specific circumstances outlined in 5th Cir. R. 47.5.4.

Legal Issues Addressed

Appellate Jurisdiction

Application: The court determines that it lacks appellate jurisdiction due to the absence of a final judgment, which is a prerequisite for such jurisdiction.

Reasoning: Consequently, there has been no final judgment in the case, resulting in a lack of appellate jurisdiction.

Consent Requirement under 28 U.S.C. § 636(c)

Application: The judgment by the magistrate judge was deemed unauthorized because the necessary consent required by 28 U.S.C. § 636(c) was not obtained.

Reasoning: The court finds that the magistrate judge's judgment, signed on July 29, 2003, was unauthorized due to the absence of requisite consent as required by 28 U.S.C. § 636(c).

Non-Publication of Judicial Opinions

Application: The court specifies that this opinion is not intended for publication and does not serve as precedent, except under certain specified conditions.

Reasoning: The court also states that this opinion is not to be published and does not serve as precedent, except under specific circumstances outlined in 5th Cir. R. 47.5.4.