UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.: 17-cv-22643 COOKE/GOODMAN
FEDERAL ELECTION COMMISSION,
Plaintiff,
v.
DAVID RIVERA,
Defendant.
__________________________________/
NOTICE OF APPEAL
Defendant David Rivera respectfully files this notice of appeal to the United States Court
of Appeals for the Eleventh Circuit from the final judgment entered on March 30, 2022. See [DE
177]. Rivera respectfully requests that the appeal be held in abeyance pending the outcome of his
pending motion to alter or amend the judgment pursuant to Fed. R. Civ. P. 59(e) or to grant relief
from the judgment pursuant to Fed. R. Civ. P. 60(b). See [DE 179]; Fed. R. App. P. 4(a)(4)(B)(i)
(providing that a notice of appeal filed before the district court has disposed of any tolling motions
becomes effective when the district court issues an order resolving the last remaining motion);
Williams v. Pettiford, 238 F. App’x 459, 461 (11th Cir. 2007) (“A premature notice of appeal does
not divest the district court of jurisdiction to rule upon a timely-filed Rule 59(e) motion.”);
Raghubir v. Taylor, No. 20-12549-G, 2020 U.S. App. LEXIS 35011, at *1 (11th Cir. Nov. 4, 2020)
(holding notice of appeal in abeyance pending district court’s ruling on Rule 59(e) motion);
Stansell v. Revolutionary Armed Forces of Columbia, 771 F.3d 713, 745-46 (11th Cir. 2014) (“In
1993, Rule 4(a) was specifically amended in response to Griggs and now provides that a notice of
appeal filed during the pendency of a Rule 59 motion is simply suspended.”); Wilson v. Fla. Dep’t
of Corr., No. 20-13558-F, 2021 U.S. App. LEXIS 9683, at *2-3 (11th Cir. Apr. 2, 2021); see also
Case 1:17-cv-22643-MGC Document 181 Entered on FLSD Docket 04/28/2022 Page 1 of 3