No reinstatement of voluntarily-dismissed appeal

Colbert v. Brennan arises from the difficult litigation involving the Brennan family, the noted New Orleans restaurateurs.  No. 13-30069 (May 9, 2014, unpublished).  Ted Brennan filed an unopposed motion to dismiss an appeal, pursuant to a settlement agreement [the finality of the agreement is not clear from the opinion].  (Pursuant to Fed. R. App. P. 42(b), “an appeal may be dismissed on an appellant’s unopposed motion if the parties agree about costs.”)  Two months later, he sought to reinstate the appeal.  Citing Williams v. United States, 553 F.2d 420 (5th Cir. 1977), the Fifth Circuit held that the voluntary dismissal “voided” the notice of appeal, noting that “[h]e failed to file a new notice of appeal within the time limits required by Ruel 4(a) or to seek relief in the district court as provided by Rule 4(a).”  Citing Bowles v. Russell, 551 U.S. 205 (2007), the Court declined to apply any “equitable exception” to the rule that a notice of appeal is jurisdictional.  The Court also held it was not bound, on this jurisdictional question, by a previous single-judge ruling that reinstated the appeal.