USCA11 Case: 24-10901 Document: 70-1 Date Filed: 05/27/2025 Page: 1 of 17

[DO NOT PUBLISH]

In the
United States Court of Appeals
For the Eleventh Circuit

____________________

No. 24-10901
____________________

RICHARD E. WARNER,
as Co-Personal Representatives of the
Estate of Joseph Ardolino II,
JOHN W. PARENTE,
as Co-Personal Representatives of the
Estate of Joseph Ardolino II,
JOSEPH E. ARDOLINO,
individually,
Plaintiffs-Appellants,
versus
CITY OF MARATHON,
a political subdivision of the State of Florida,
MICHAEL CINQUE,
individually and as a City of Marathon Official,
RALPH LUCIGNANO,
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2 Opinion of the Court 24-10901

individually and as a City of Marathon Official,

THE STUFFED PIG, INC.,
a Florida corporation,
CSV, INCORPORATED, et al.,

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Southern District of Florida
D.C. Docket No. 4:14-cv-10071-JLK
____________________

Before ROSENBAUM, BRANCH, and KIDD, Circuit Judges.

PER CURIAM:
Plaintiffs, the Estate of Joseph Ardolino II and Joseph Ardo-
lino ( Joseph Ardolino II’s son), appeal the denial of their motion to
reopen their action and amend their complaint against the City of
Marathon under the Takings Clause of the Fifth Amendment.
Under our mandate, the district court dismissed Plaintiffs’
case without prejudice in 2018. See Warner v. City of Marathon, 718
F. App’x 834, 838 (11th Cir. 2017) (per curiam). At the time, the
Supreme Court’s decision in Williamson County Regional Planning
Commission v. Hamilton Bank of Johnson City dictated that Plaintiffs
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24-10901 Opinion of the Court 3

could not pursue their takings claim in federal court until they first
litigated their case in state court. 473 U.S. 172, 194–95 (1985).
But in 2005, the Supreme Court also decided San Remo Hotel,
L.P. v. City and County of San Francisco, 545 U.S. 323 (2005). There,
the Court held that federal courts “are not free to disregard the full-
faith-and-credit statute [28 U.S.C. § 1738] solely to preserve the
availability of a federal forum” for takings claims. Id. at 347–48. So
a state court’s judgment on a takings claim has “preclusive effect”
in later federal suits on that claim. See id. at 347. In plain English,
federal courts can’t hear a takings claim if a Plaintiff already lost on
that claim in state court.
Williamson County and San Remo, together, created “[t]he San
Remo preclusion trap,” —a “Catch-22.” Knick v. Twp. of Scott, 588
U.S. 180, 184–85 (2019). A takings plaintiff couldn’t “go to federal
court without going to state court first; but if he [went] to state
court and los[t], his claim [would] be barred in federal court.” Id.
So the Supreme Court overruled Williamson County in its 2019 de-
cision Knick v. Township of Scott. Id. at 185, 206. But it left San Remo
in place. See id. at 185, 204, 206.
Knick issued as the parties litigated their claim in state court.
But rather than seek to remove the case back to federal court after
Knick, Plaintiffs pursued their case fully in state court. And they
lost. Now, several years later, we are precluded from entertaining
their takings claim under 28 U.S.C. § 1738. So we conclude the dis-
trict court didn’t abuse its discretion when it denied Plaintiffs’
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4 Opinion of the Court 24-10901

motion to reopen their case and amend their complaint, and we

affirm its order.
I. BACKGROUND
In August of 2014, Plaintiffs sued the City of Marathon and
several co-defendants in Florida state court under multiple causes
of action. See Warner, 718 F. App’x at 836. The City of Marathon
removed the case to federal court. Id. Proceeding in federal court,
Plaintiffs’ operative complaint alleged, as relevant, that through the
City’s enforcement of zoning regulations, the City violated Plain-
tiffs’ rights under the Takings Clause of the Fifth Amendment and
42 U.S.C. § 1983. Id. at 837.
The district court dismissed the complaint with prejudice,
and Plaintiffs appealed. Id. On December 8, 2017, we affirmed the
dismissal of the complaint except as to Plaintiffs’ takings claim. Id.
at 840. As to the takings claim, we vacated the district court’s judg-
ment with instructions to dismiss the claim without prejudice for
lack of subject-matter jurisdiction. Id. at 838. We explained that
under Williamson County, a federal court couldn’t “review the claim
until the plaintiffs have been denied relief by a Florida court.”
Warner, 718 F. App’x at 838. On February 5, 2018, the district court
dismissed the takings claim without prejudice for lack of subject-
matter jurisdiction.1
The parties then litigated the takings claim in state court,
and the state trial court granted summary judgment to the City of

1 The district court docketed the order the next day, on February 6, 2018.
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24-10901 Opinion of the Court 5

Marathon on March 25, 2022. On January 4, 2023, Florida’s Third

District Court of Appeal affirmed the grant of summary judgment,
explaining that “the fact that a regulation causes a diminution in
the property value alone does not establish a taking.” See Warner
v. City of Marathon, 357 So. 3d 188 (Fla. Dist. Ct. App. 2023) (per
curiam) (citing Penn Cent. Transp. Co. v. City of New York, 438 U.S.
104, 131 (1978)). The Florida Supreme Court denied a petition for
review on May 18, 2023. Warner v. City of Marathon, No. SC2023-
0433, 2023 WL 3521698 (Fla. May 18, 2023).
While Plaintiffs litigated their claim in state court, on June
21, 2019, the Supreme Court overruled Williamson County in Knick,
588 U.S. at 185, 206. After Knick, no longer must takings plaintiffs
first seek relief in state court before filing a claim directly in federal
court. Id. The Supreme Court highlighted that under its decision
in San Remo, 545 U.S. 323, “a state court’s resolution of a claim for
just compensation under state law generally has preclusive effect
in any subsequent federal suit.” Knick, 588 U.S. 184. So paired with
Williamson County—which required plaintiffs to proceed in state
court first—San Remo created “a Catch-22” for a takings plaintiff,
where he could never receive relief in federal court. Id. at 184. Rec-
ognizing this problem, the Court overruled Williamson County’s
state-litigation requirement, without disturbing San Remo. See id.
at 185, 204, 206.
On June 20, 2023, a little over thirty days after the Florida
Supreme Court’s denial of review in their case, Plaintiffs moved in
federal court to reopen their case and amend their complaint. The
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6 Opinion of the Court 24-10901

district court denied that motion on December 14, 2023, interpret-

ing the motion to reopen the case to be a motion under Federal
Rule of Civil Procedure 60(b). The court highlighted that “Plain-
tiffs waited two years after a change in the law was issued by the
Supreme Court to seek relief before this Court.” It also noted that
“the issues were litigated to finality in state court, where both the
trial court and the court of appeals applied federal law when decid-
ing the issues.” So the district court determined “that to reopen
the case and allow Plaintiffs to amend would effectively give Plain-
tiff[s] a second opportunity to have their case tried, which could
result in conflicting rulings.” Because the case remained closed, the
court denied the motion to amend the complaint as well.
On January 11, 2024, Plaintiffs filed a motion to reconsider
the court’s December 14, 2023, order. 2 The district court denied
that motion on February 27, 2024. On March 22, 2024, Plaintiffs
filed their notice of appeal on the denial of their motions to reopen
their case and amend their complaint and for reconsideration.
II. STANDARD OF REVIEW
We review the denial of post-judgment motions under an
abuse-of-discretion standard. Green v. Union Foundry Co., 281 F.3d
1229, 1233 (11th Cir. 2002). We find an abuse of discretion if the
court made “a clear error of judgment, fail[ed] to follow the proper
legal standard or process for making a determination, or relie[d] on
clearly erroneous findings of fact.” Johnston v. Borders, 36 F.4th

2 Three days later, Plaintiffs amended their motion to correct a factual error.
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24-10901 Opinion of the Court 7

1254, 1282 (11th Cir. 2022) (per curiam) (internal quotation marks
and citation omitted).
III. DISCUSSION
Plaintiffs argue the law-of-the-case doctrine demands we al-
low them to reopen their case. They highlight that in our prior
decision in their case, we said a federal takings plaintiff must show
“there is no adequate state remedy to obtain just compensation, or
an adequate remedy exists but the plaintiff has been denied relief ”
before seeking relief in federal court. Warner, 718 F. App’x at 838.
So we could not “review the[ir] claim until the plaintiffs have been
denied relief by a Florida court.” Id. Based on these statements,
they contend we held that they could return to their case after hav-
ing been denied relief in state court.
Plaintiffs also assert that Florida state law provides an inade-
quate remedy for takings violations, so Plaintiffs must be allowed
to pursue a federal remedy. And they argue that San Remo does not
bar our review of their takings claim because, they claim, 28 U.S.C.
§ 1738 does not apply to civil-rights suits filed under 42 U.S.C. §
1983.
In its response, the City of Marathon asserts that we lack ju-
risdiction to hear this appeal because Plaintiffs filed an untimely no-
tice of appeal. They note that Plaintiffs filed a notice of appeal
more than 30 days after the denial of their initial motion to reopen
the case, and they argue the reconsideration motion does not toll
the deadline. Specifically, they contend that the second of two
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8 Opinion of the Court 24-10901

successive motions of the same type does not toll the deadline to
file a notice of appeal, and both motions were Rule 59 or 60 mo-
tions.
In response, Plaintiffs seem to argue that their reopening
motion was not a motion under Rules 59 and 60, but a “cleanup
motion.” So they contend the reconsideration motion was their
first Rule 59 or 60 motion in the case, which tolls the deadline.
We agree that Plaintiffs’ notice of appeal was timely, and we
have jurisdiction over this appeal. But we hold 28 U.S.C. § 1738, as
San Remo construes it, bars Plaintiffs from re-litigating their takings
claim in federal court. And Plaintiffs did not file their motion to
reopen their case within a reasonable time. So we affirm the denial
of their motion to reopen the case. For that reason, we also must
affirm the denial of their motion to amend their complaint since
the case has not been reopened. We explain below.
A. Plaintiffs’ notice of appeal was timely.
We start, as we must, with the jurisdictional issue. Federal
Rule of Appellate Procedure 4(a)(1)(A) provides that, “[i]n a civil
case, except as provided in Rule[] . . . 4(a)(4), . . . the notice of ap-
peal . . . must be filed . . . within 30 days after the entry of the . . .
order appealed from.” “[T]he timely filing of a notice of appeal in
a civil case is a jurisdictional requirement.” Bowles v. Russell, 551
U.S. 205, 214 (2007). So if the notice of appeal was untimely, we
can’t hear this case.
Plaintiffs appeal the district court’s denial, on December 14,
2023, of their motion to reopen their case and amend their
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24-10901 Opinion of the Court 9

complaint. They filed the notice of appeal on March 22, 2024, over
three months later. So under the default rule, Plaintiffs’ notice of
appeal would be untimely because they filed it after 30 days passed
from the order they appealed.
But Plaintiffs also filed a motion for reconsideration of that
order. And the district court did not dispose of that motion until
February 27, 2024. Plaintiffs did file the notice of appeal within
thirty days of that order. So the question before us is whether the
reconsideration motion extended the time to file a notice of appeal
challenging the original order.
It did. The Supreme Court has explained that “[a] timely
motion for reconsideration filed within a window to appeal does
not toll anything; it ‘renders an otherwise final decision of a district
court not final’ for purposes of appeal.” Nutraceutical Corp. v. Lam-
bert, 586 U.S. 188, 197 (2019) (quoting United States v. Ibarra, 502
U.S. 1, 6 (1991) (per curiam)). So until the district court disposed
of the motion for reconsideration, its decision remained nonfinal.
And the thirty-day clock did not start to run.
The parties focus their attention on another part of Rule 4.
They both assume that the December 2023 order was final not-
withstanding the reconsideration motion, so the reconsideration
motion had to toll the period to appeal that order. Based on that
thinking, they look to Rule 4(a)(4)(A) to see whether the reconsid-
eration motion did just that.
Rule 4(a)(4)(A) provides that if a party files certain post-judg-
ment motions, including Rule 59 and 60 motions within 28 days of
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10 Opinion of the Court 24-10901

the entry of the judgment, the 30-day clock doesn’t run for all or-
ders in the case until the Court disposes of the last such motion.
See FED. R. APP. P. 4(a)(4)(A). That’s important because “a party
must ordinarily raise all claims of error in a single appeal following
final judgment on the merits.” Firestone Tire & Rubber Co. v. Risjord,
449 U.S. 368, 374 (1981). So by filing one of the Rule 4(a)(4)(A)
motions, a party extends the window to appeal, in its one oppor-
tunity, all the issues it preserved in the original judgment. See FED.
R. APP. P. 4(a)(4)(A).
But we make an exception and allow for later appeals to
challenge the resolution of post-judgment motions. “We treat the
postjudgment proceeding as a free-standing litigation, in effect
treating the final judgment as the first rather than the last order in
the case.” Mayer v. Wall St. Equity Grp., Inc., 672 F.3d 1222, 1224
(11th Cir. 2012) (cleaned up and citation omitted) (per curiam).
And “[o]nly if a post-judgment order is apparently the last order to
be entered in the action is it final and appealable.” See id. (internal
quotation marks and citation omitted). But it isn’t until a reconsid-
eration motion is resolved. See Nutraceutical Corp., 586 U.S. at 197.
Once that post-judgment order is final, the litigant may
bring a second appeal in the case to challenge the order. They can
do so long after the window to appeal the original judgment closed.
See, e.g., Waetzig v. Haliburton Energy Servs., 604 U.S. ––, 145 S. Ct.
690, 694–95 (2025) (reviewing on appeal the denial of a Rule 60(b)
motion filed after arbitration proceedings occurred between the in-
itial judgment and the post-judgment motion). That makes sense
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24-10901 Opinion of the Court 11

because there often isn’t an opportunity to challenge the order in

the first appeal. That’s especially true in a case like this one, where
the court entered the order after we resolved the first appeal.
The City of Marathon notes we have said that a motion for
reconsideration of the Rule 4(a)(4)(A) motions “d[oes] not toll the
time for filing [a] notice of appeal.” Ruiz v. Wing, 991 F.3d 1130,
1138 n.4 (11th Cir. 2021) (citing Wright v. Preferred Rsch., Inc., 891
F.2d 886, 889 (11th Cir. 1990) (per curiam)). That’s so because “the
language and purpose of Rule 4(a)(4) indicate that the time for ap-
peal is postponed only by an original motion of the type specified.”
Id. (quoting Wright, 891 F.2d at 889).
But this precedent on Rule 4(a)(4)(A) does not come into
play here. Plaintiffs appeal only the resolution of their motion to
reopen their case. They don’t seek to toll the period to appeal the
2018 dismissal of their claim. Nor could they—even considering
their original reopening motion to be a Rule 60(b) motion for relief,
see Waetzig, 145 S. Ct. at 693 (reviewing a motion to reopen a dis-
missal without prejudice as a Rule 60(b) motion), it would have to
have been filed within 28 days of the dismissal to toll the period to
appeal. See FED. R. APP. P. 4(a)(4)(A)(vi) (requiring a Rule 60 mo-
tion to have been filed within the time to file a Rule 59 motion to
toll the period to appeal); FED. R. CIV. P. 59 (giving 28 days post-
judgment to file a Rule 59 motion). We are dealing with a subse-
quent post-judgment appeal, not the first appeal of the judgment.
In sum, the reconsideration motion altered the time to ap-
peal the denial of the motion to reopen. It did so because it
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12 Opinion of the Court 24-10901

rendered that denial nonfinal. See Nutraceutical Corp., 586 U.S. at

197. But neither motion did anything to toll the period to appeal
any other order in the case. See FED. R. APP. P. 4(a)(4)(A).
For these reasons, Plaintiffs’ appeal is timely because Plain-
tiffs filed their notice of appeal within 30 days of the district court’s
denial of their motion for reconsideration.
B. Plaintiffs are precluded from pursuing their takings claim
in federal court.
Having concluded that we have jurisdiction over this appeal,
we move now to the merits of the dispute. Plaintiffs appeal the
denial of their motion to reopen the case and amend their com-
plaint.
A motion to reopen a dismissal without prejudice is a Rule
60(b) motion.3 See, e.g., Waetzig, 145 S. Ct. at 693. Rule 60(b) per-
mits a federal court, “[o]n motion and just terms,” to “relieve a
party . . . from a final judgment, order, or proceeding . . . .” One
such final judgment or proceeding is a dismissal without prejudice.
See Waetzig, 145 S. Ct. at 693. And a court may grant this relief for
one of six enumerated reasons, two of which are relevant here.

3 We are not certain what kind of motion Plaintiffs are referring to by a

“cleanup” motion. But no matter what the “movant so labels it . . . . the court
must determine independently what type of motion was before the district
court, depending upon the type of relief requested.” Wright, 891 F.2d at 889.
And a motion to reopen a case after more than 28 days is treated as a Rule
60(b) motion. See, e.g., Waetzig, 145 S. Ct. at 693.
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24-10901 Opinion of the Court 13

First, Rule 60(b)(5) allows relief when “the judgment has

been satisfied, released, or discharged; it is based on an earlier judg-
ment that has been reversed or vacated; or applying it prospec-
tively is no longer equitable.” See FED. R. CIV. P. 60(b)(5). And sec-
ond, Rule 60(b)(6) provides for relief for “any other reason that jus-
tifies relief.” See id. (6). Rule 60(b)(6) is “a grand reservoir of equi-
table power to do justice in a particular case when relief is not war-
ranted by the preceding clauses.” Griffin v. Swim-Tech Corp., 722
F.2d 677, 680 (11th Cir. 1984) (citation omitted). But it is “an ex-
traordinary remedy which may be invoked only upon a showing of
exceptional circumstances.” Id. Plus, relief under Rule 60(b) must
be sought “within a reasonable time.” FED. R. CIV. P. 60(c)(1).
We don’t think that the district court abused its discretion
here. 28 U.S.C. § 1738, the full-faith-and-credit statute, provides
that “parties should not be permitted to relitigate issues that have
been resolved by courts of competent jurisdiction,” most rele-
vantly state courts. See San Remo, 545 U.S. at 336. In San Remo, the
Supreme Court held that that statute precludes plaintiffs from re-
litigating in federal courts their takings claims that state courts have
already resolved. See id. at 347–48. So looming large over Plaintiffs’
attempt to reopen their case is the fact that were it to be reopened,
it would have to be quickly dismissed. And that fact ultimately
proves fatal to their attempt to invoke Rule 60(b).
We start with Rule 60(b)(5). True, as a formal matter, the
dismissal without prejudice was “based on an earlier judgment that
has been reversed”: Williamson County. See Knick, 588 U.S. at 185,
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14 Opinion of the Court 24-10901

206. But even if we were to think relief under Rule 60(b)(5) was
warranted, we can’t say the district court abused its discretion in
finding that Plaintiffs failed to file their motion to reopen their case
“within a reasonable time.” Knick overruled Williamson County in
June 2019, when no state court had yet ruled on Plaintiffs’ takings
claim. No state court would until March 2022. Yet Plaintiffs waited
until four years after Knick, having fully exhausted their state reme-
dies, to file in federal court. Because Plaintiffs fully exhausted their
state remedies, San Remo requires dismissal of any attempted reo-
pening of a federal case. So by pursuing a judgment in the state-
court system, Plaintiffs effectively forfeited their federal claim. And
the district court did not abuse its discretion by concluding that
their Rule 60(b) motion was not timely.
Because relief, in theory at one point, could have been
sought under Rule 60(b)(5), our precedent forecloses relief under
Rule 60(b)(6). See BUC Int’l Corp. v. Int’l Yacht Council Ltd., 517 F.3d
1271, 1275 n.4 (11th Cir. 2008) (“Rule 60(b)(6) applies only to cases
that do not fall into any of the other categories listed in parts (1)–
(5) of Rule 60(b).” (internal quotation marks and citation omitted))
But even if Plaintiffs could seek Rule 60(b)(6) relief, we don’t think
a district court could properly grant it here. As we explained, relief
under Rule 60(b)(6) is only appropriate in “exceptional circum-
stances.” And that high bar can’t be met when Plaintiffs’ claim
must be swiftly thrown out under San Remo.
To get around San Remo, Plaintiffs suggest that Knick casts
doubt on the decision. But that is a misreading. The opinion held
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24-10901 Opinion of the Court 15

that “the state-litigation requirement [of Williamson County] rests

on a mistaken view of the Fifth Amendment”; it said nothing to
undermine San Remo. Knick, 588 U.S. at 185. When faced with a
perceived conflict between Williamson County and San Remo, the
Court chose to preserve San Remo. 4 So San Remo remains binding
precedent.
Plaintiffs also contend that we are bound to let them reopen
their case under the law-of-the-case doctrine. “Under the law of
the case doctrine, both district courts and appellate courts are gen-
erally bound by a prior appellate decision in the same case.” Alpha-
med Inc. v. B. Braun Med., Inc., 367 F.3d 1280, 1285–86 (11th Cir.
2004). But that doctrine does not support Plaintiffs’ position. “The
law of the case doctrine . . . bars consideration of only those legal
issues that were actually, or by necessary implication, decided in
the former proceeding.” Oladeinde v. City of Birmingham, 230 F.3d
1275, 1288 (11th Cir. 2000) (cleaned up and citation omitted). And
in our first decision in this case, we only summarized the holding
of Williamson County and explained it required Plaintiffs to exhaust
their state-court remedies before seeking federal relief. Warner, 718
F. App’x at 838. We did not comment or decide how San Remo
would affect any attempt by Plaintiffs to reopen their case after a
final state court judgment. See generally id.

4 Plaintiffs also urge that Trump v. Anderson, 601 U.S. 100 (2024), casts doubt on

San Remo. Because Anderson concerns the interpretation of Section 3 of the

Fourteenth Amendment, we fail to see its relevance here in a takings action.
See id.
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16 Opinion of the Court 24-10901

Finally, we cannot grant Plaintiffs relief based on their argu-

ments that Florida lacked an adequate remedy to adjudicate their
takings claim for two reasons. First, San Remo unambiguously
holds that if a state court adjudicates the takings claim, we are
bound under 28 U.S.C. § 1738 to respect that judgment. See San
Remo, 545 U.S. at 347–48. There is no room to assess the adequacy
of the relief available in state courts. But second, even if we could
make that assessment, we are bound by the law-of-the-case doc-
trine to find Florida’s remedy adequate. That’s because Williamson
County allowed a federal takings action only if “there is no adequate
state remedy to obtain just compensation, or an adequate remedy
exists but the plaintiff has been denied relief.” Warner, 718 F. App’x
at 838. So we explained that Plaintiffs “did not allege in their com-
plaint that Florida fails to provide an adequate procedure to obtain
just compensation—nor could they. Florida does provide an ade-
quate procedure to obtain monetary relief through an inverse con-
demnation claim.” Id. We necessarily decided that Florida had an
adequate procedure for inverse-condemnation actions because had
it not had one, Plaintiffs could have pursued their claim directly in
federal court.5 See id.

5 Still, Plaintiffs insist that Florida’s inverse condemnation procedure is inade-

quate, in part, because there is no right to a jury for these claims under Florida
law. They stress that the Seventh Amendment demands that certain factual
issues central to takings claims be submitted to a jury. And they note the
Court recently zealously guarded the Seventh Amendment right in SEC v.
Jarkesy, 603 U.S. 109 (2024). It’s true that the Seventh Amendment requires
certain factual issues for takings claims brought in federal court under 42 U.S.C.
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24-10901 Opinion of the Court 17

At bottom, San Remo bars Plaintiffs’ federal claim since they

waited to reopen their case until after they received a state-court
judgment. So the district court did not abuse its discretion in deny-
ing Plaintiffs Rule 60(b) relief. And because the case remained
closed, the district court did not abuse its discretion in denying
Plaintiffs’ motion to amend their complaint.
IV. CONCLUSION
For the above reasons, we affirm the denial of Plaintiffs’ mo-
tion to reopen their case and amend their complaint.
AFFIRMED.

§ 1983 to be adjudicated by a jury. See City of Monterey v. Del Monte Dunes at

Monterey, Ltd., 526 U.S. 687, 720–21 (1999). But the Seventh Amendment has
never been extended to apply to claims brought in state court. See id. at 719
(“It is settled law that the Seventh Amendment does not apply” in “suits de-
cided by state courts,” including takings claims). So a state’s procedure for
resolving inverse condemnation claims isn’t inadequate because it does not
provide for a right to a jury.