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WARREN v. AMERICAN BANKERS INS. OF FLORIDA

Nos. 06-1305, 06-1440.

507 F.3d 1239 (2007)

Kirk WARREN, Plaintiff-Appellant/Cross-Appellee, v. AMERICAN BANKERS INSURANCE OF FLORIDA, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

October 30, 2007.

Attorney(s) appearing for the Case

Robert B. Carey (Julie B. Cliff with him on the briefs), The Carey Law Firm, Colorado Springs, CO, for Plaintiff-Appellant/Cross-Appellee.

Billy-George Hertzke (Arthur J. Kutzer, Senter, Goldfarb & Rice, LLC, Denver, CO, and Walter D. Willson, Wells, Marble & Hurst, PLLC, Jackson, MS, with him on the briefs), Senter, Goldfarb & Rice, LLC, Denver, CO, for Defendant-Appellee/Cross-Appellant.

Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

BALDOCK, Circuit Judge.

The overriding issue before us is whether the district court, having failed to enter a separate judgment, lacked subject matter jurisdiction over Plaintiff's "motion to reconsider" its final decision, where Plaintiff filed a notice of appeal four days before filing the motion. The district court held the notice of appeal divested it of jurisdiction to reconsider its dismissal of Plaintiff's action...

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