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849 F.2d 1398

Docket No. 87-3870

Dedge v. Kendrick

Eleventh Circuit Court of Appeals

Decided July 21, 1988.

Eleventh Circuit Court of Appeals · decided 1988-07-21

2 counsel of record

Relies on U.S. Dominator, Inc. v. Factory Ship Robert E. Resoff · Munford, Inc. v. Commissioner

Opinion by (per_curiam) · Decided 1988-07-21

¶1Non-Argument Calendar.

¶2Julius F. Parker, Jr., Parker, Skelding, McYoy & Labasky, Tallahassee, Fla., for defendant-appellant.

¶3Joseph R. Moss, Cocoa, Fla., for plaintiff-appellee.

¶4Before HILL, VANCE and CLARK, Circuit Judges.

¶5PER CURIAM:

¶6The defendant, Steve Kendrick, appeals from the district court’s denial of his motion for summary judgment. Under Fed.R.Civ.P. 16(b)(2), the district court is required to enter an order limiting the time to file and hear motions. In this case, the district court entered an order requiring that motions for summary judgment be filed by October 30, 1987. The defendant filed his motion for summary judgment on December 7, 1987. Therefore, the district court properly denied the motion as untimely, and we need not address the merits of the motion in this appeal. See United States Dominator, Inc. v. Factory Ship Robert E. Resoff, 768 F.2d 1099, 1104 (9th Cir.1985).

¶7AFFIRMED.

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