No. 95-1347
Plaintiff, Appellee,
v.
Defendant, Appellee.
___________
Defendants-Appellants
___________________
____________________
Before
with whom
____________________
____________________
and
Pietrant
________
Per Curiam.
___________
favor
On April
of Yale Materials
entered
in
District of
Baeza.
the
a final
Handling Corporation
federal
district court
Florida against
for
judgment in
("Yale"), was
the
Southern
and Jose
District of Puerto
district
28, 1993,
Rico on
December 8, 1993.
court subsequently
permanent receiver
appointed James
The
Florida
S. Feltman
as
take possession of
Jose
On December
Authorizing
13, 1994,
Receiver to
Feltman filed an
Take
Possession of
"Urgent Motion
Asset" in
the
seize a yacht in
Jose Baeza,
Jr.
day.
After
discovering that
apparently renamed,
requesting
Feltman filed a
authorization to
been moved
second "Urgent
seize the
and
Motion"
re-described vessel.
16, 1994,
to
Enjoin Illegal
substance the
Acts and to
vacation of
order.
On January
motion.
Baeza,
Vacate `Order,'"
seeking in
December 16
denied this
Jr. filed
a second
-2-
motion on
February 7,
-2-
1995, captioned
Acts,"
in which
January 24
he
denial of
vacation of the
second
to Enjoin Further
sought reconsideration
his first
December 16
motion and
order.
The
of the
court's
again requested
court denied
this
Jr. filed a
injunctive
relief.
Substance
whether an order
is injunctive
under 28 U.S.C.
1292(a)(1).
for the
purposes of
appeal
Rule 60(b).
its
denial, we
denying the
U.S.C.
But
new
If an appeal
would face
first
Fed. R. Civ. P.
the question
motion was
a "final"
30 days of
whether
the order
decision under
28
Instead, Baeza,
Jr. filed a
appeal only
4(a).
It may be
debatable whether
Fed. R. App. P.
a Rule 59(e)
motion to
authorizing
receiver
Assuming it
can be, it is
to
take
possession
-3-3-
of
property.
59(e) motion
original
judgment
does
not
extend the
time
for
appeal.
Cir. 1989);
1986).
Charles v. Daley,
_______
_____
799 F.2d
343,
Here,
arguments
nothing
the bulk
made in
of
the
the second
first motion;
motion merely
restates
the balance
contains
first motion.
In these circumstances,
did not
the time
for appeal is to
appeal.
That in
date of the
denial
Appellants'
days later.
-4-4-