[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
May 24, 2006
No. 05-14510 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 04-01249-CV-TWT-1
JAMES J. GORMLEY,
Plaintiff-Appellant,
versus
WILMER "BUDDY" PARKER, III,
KILPATRICK STOCKTON, LLP,
a limited liability partnership,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(May 24, 2006)
Before TJOFLAT, ANDERSON and BIRCH, Circuit Judges.
PER CURIAM:
In Gormley v. Parker et al., No. 04-13768 (decided January 21, 2005) (11th
Cir. 2005) (not published), we affirmed the district court’s judgment dismissing
appellant’s complaint for want of subject matter jurisdiction under 28 U.S.C. §
1332. Appellant thereafter twice moved the district court to vacate its judgment
under Fed. R. Civ. P. 60(b) on the ground that the district court and this court made
an error of law in holding that the district court lacked § 1332 jurisdiction. The
court denied his motions as untimely. Appellant then moved the court to alter or
amend its ruling pursuant to Fed. R. Civ. P. 50(e), arguing that the Rule 60(b)
motions were timely. The court denied the motion, concluding that the Rule 60(b)
motions were not made within a reasonable time.
Appellant now appeals, contending that the district court should have
vacated its earlier judgment dismissing his complaint for lack of subject matter
jurisdiction. We affirm.
“Rule 60(b) may not be used to challenge mistakes of law which could have
been raised on direct appeal.” Am. Bankers Ins. Co. of Fla. v. Northwestern Nat’l
Ins. Co., 198 F.3d 1332, 1338 (11th Cir. 1999). Appellant could have presented
the error in question to this court on direct appeal; hence, the district court properly
denied his Rule 60(b) motions. Because the court appropriately disposed of those
motions, his challenge to the Rule 59(e) ruling fails.
AFFIRMED.
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