Eleventh Circuit: Alberto Ruiz v. Officer Jennifer Wing, et al.

 

Since the unauthorized pro se Rule 59 motion was timely filed, by the plain terms of the rules, the time to file an appeal ran from the time that the court disposed of the motion; no merits consideration was required in order to toll the time limit.

By agreeing to the introduction of the exhibit and referring to it several times during the trial, the plaintiff waived any challenge to admissibility.  

No plain error in inappropriate remarks at trial, as they did not impair substantial rights.

No plain error in bench questioning the plaintiff during testimony.

Motion for mistrial was not properly made when court twice expressed dissatisfaction after being told that plaintiff had a motion to make.

When a plaintiff's representation agreement covers only the trial itself, a pro se motion made after the verdict is not in order if counsel has not yet formally withdrawn or the court ordered a substitution.


Alberto Ruiz v. Officer Jennifer Wing, et al.