This is a 35 year old case going on at different forums. The bottom line is that the 11th Circuit had no jurisdiction to consider an interlocutory order of the Tampa District Court, but the Clerk of the Court through fraud entered a Judgment as ON THE MERITS instead of the court's order to dismiss the case as WITHOUT PREJUDICE. Counsel for the defendants then filed a FALSE jurisdictional statement alleging the case is appealable pursuant to 28 U.S.C.1291 and the Clerk of the 11th circuit accepted the appeal and the court simply AFFIRMED and cert. denied by the S.Ct.
The sole issue now before the U.S. Supreme Court is should it order the ca 11th to order Recall of its mandate issued in error in 1985 or not. The defendant's inhouse counsel's argument is since I am moving now nearly after 31 years, the court should deny.