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United States Court of Appeals for the Eleventh Circuit
September 21, 2021, Decided
No. 20-13308 Non-Argument Calendar
Daniel Imperato, proceeding pro se, appeals the district court's imposition of a prefiling injunction and denial of various post-judgment motions seeking to vacate an amended judgment granting summary judgment in favor of the Securities and Exchange Commission ("SEC") in the SEC's civil enforcement action and ordering disgorgement of profits. The SEC, in turn, has moved for summary affirmance. After careful review, we GRANT the SEC's motion for summary affirmance and DENY Imperato's motions objecting to summary affirmance, for oral argument, and to vacate all orders and judgments.
] Summary disposition is appropriate either where time is of the essence, such as "situations where important public policy issues are involved or those [*2] where rights delayed are rights denied," or where "the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case, or where, as is more frequently the case, the appeal is frivolous." Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).1
] Under the law-of-the-case doctrine, findings of fact and conclusions of law by an appellate court generally are binding in all subsequent proceedings in the same case in the trial court or on a later appeal unless there is new evidence, an intervening change in controlling law dictates a different result, or the appellate decision would cause manifest injustice because it is clearly erroneous. Stout by Stout v. Jefferson Bd. of Educ., 882 F.3d 988, 1014 (11th Cir. 2018). The law-of-the-case doctrine also applies to lower court rulings that were not challenged on a first appeal. See United States v. Stein, 964 F.3d 1313, 1324-25 (11th Cir. 2020) ("A legal decision made at one stage of the litigation, unchallenged in a subsequent appeal when the opportunity existed, becomes the law of the case for future stages of the same litigation, and the parties are deemed to have waived the right to challenge that decision at a later time." (quotation marks and brackets omitted)).
] A notice of appeal in a civil case must be filed within 30 days after the order appealed from [*3] is entered. Fed. R. App. P. 4(a)(1). The timely filing of a notice of appeal in civil cases is a mandatory prerequisite to the exercise of appellate jurisdiction. Green v. DEA, 606 F.3d 1296, 1300-02 (11th Cir. 2010).
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2021 U.S. App. LEXIS 28610 *; __ Fed. Appx. __; 2021 WL 4279545
SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, versus IMPERIALI, INC., et al., Defendants, DANIEL IMPERATO, Defendant-Appellant.
Notice: PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
Prior History: [*1] Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 9:12-cv-80021-RNS.
SEC v. Imperato, 2020 U.S. Dist. LEXIS 114341, 2020 WL 5264515 (S.D. Fla., June 30, 2020)
summary affirmance, law-of-the-case, district court, audits, orders, notice of appeal, new evidence, disgorgement, frivolous, judgments, appeals, motions, vacate, waived, subsequent proceeding, substantial question, outcome of the case, conclusions of law, right to challenge, clearly erroneous, lack jurisdiction, subsequent appeal, summary judgment, appellate court, law of the case, legal decision, oral argument, civil case, post-judgment, unchallenged
Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Appeals, Frivolous Appeals, Judgments, Entitlement as Matter of Law, Standards of Review, Clearly Erroneous Review, Preclusion of Judgments, Law of the Case, Reviewability of Lower Court Decisions, Preservation for Review, Notice of Appeal, Timing of Appeals, Governments, Courts, Judicial Precedent