[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
MAY 30, 2008
THOMAS K. KAHN
No. 07-15445
CLERK
Non-Argument Calendar
________________________
D. C. Docket No. 04-00914-CV-J-20TEM
GENE A. GRIER,
d.b.a. El-Amin Shelter & Care,
Plaintiff-Appellant,
versus
STATE OF FLORIDA, AGENCY FOR HEALTH
CARE ADMINISTRATION, et al.,
Defendants,
CITY OF JACKSONVILLE, FLORIDA,
a political subdivision,
ROBERT DICKSON,
individually,
STEPHANIE FOX,
individually,
ANDREW KANTOR,
individually,
ESQ. MICHAEL O. MATHIS,
individually, et al.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(May 30, 2008)
Before ANDERSON, DUBINA and HULL, Circuit Judges.
PER CURIAM:
Appellant Gene Grier appeals pro se from the district court’s order denying
his motion for relief from a void judgment, filed pursuant to Fed.R.Civ.P. 60(b)(4).
Grier argues that because the district court had not adjudicated all of the claims in
his 42 U.S.C. § 1983 complaint, the district court’s judgment was not a final
appealable order, and, thus, the judgment was void.
Normally, we review a district court’s ruling upon a motion filed pursuant to
Rule 60(b) for an abuse of discretion. Burke v. Smith, 252 F.3d 1260, 1263 (11th
Cir. 2001). However, we review a motion filed pursuant to Rule 60(b)(4) de novo.
Id.
Under Rule 60(b)(4), a court may relieve a party from a final judgment if the
judgment is void. Fed.R.Civ.P. 60(b)(4). “Generally, a judgment is void under
Rule 60(b)(4) if the court that rendered it lacked jurisdiction of the subject matter,
or of the parties, or if it acted in a manner inconsistent with due process of law.”
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Burke, 252 F.3d at 1263 (quotation omitted). A judgment is void when the court
has no power to render judgment. See In re Worldwide Web Sys., Inc., 328 F.3d
1291, 1299 (11th Cir. 2003). Furthermore, this court’s predecessor stated that “[a]
judgment is not void because it is erroneous.” William Skillings & Assocs. v.
Cunard Transp., Ltd., 594 F.2d 1078, 1081 (5th Cir. 1979). “A final decision is
one which ends the litigation on the merits and leaves nothing for the court to do
but execute the judgment.” Pitney Bowes, Inc. v. Mestre, 701 F.2d 1365, 1368
(11th Cir. 1983) (quotation omitted).
We conclude from the record that the district court’s judgment was not void
because it had the power to enter a judgment in the case. Furthermore, the district
court order dismissing Grier’s § 1983 action was a final appealable order.
Accordingly, we affirm the district court’s denial of Grier’s Rule 60(b)(4) motion.
AFFIRMED.
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