Identity of Speakers
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Richard Burt
Faculty/Staff
OtherTenured English professor at the University of Florida.
Resources
Additional Information
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Incident Nature:
Lawsuit
Other
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Incident Political Orientation:
Not Clear -
Incident Responses:
Litigation
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Incident Status:
In litigation Federal Court of Appeals
Dismissed
Other
- Did not involve Speech Codes
Summary
In August 2025, the Eleventh Circuit Court of Appeals dismissed the appeal of Richard Burt, a tenured English professor at the University of Florida, due to a procedural misstep. Burt had sued the university, alleging violations of his First Amendment rights and due process after being disciplined for expressing opposition to the university’s return to in-person teaching during the COVID-19 pandemic. The district court dismissed his complaint on June 21, 2021, and gave him until July 3 to amend it. When he failed to do so, the court directed the clerk to enter judgment on July 14. Burt filed his notice of appeal on August 10, 38 days after the amendment deadline. The Eleventh Circuit ruled that the appeal was untimely, applying the “Schuurman Rule,” which dictates that the 30-day appeal period begins on the amendment deadline, not the date of the clerk’s entry of judgment, and dismissed the appeal for lack of jurisdiction without addressing the underlying constitutional claims.
The court emphasized that strict adherence to procedural timelines was critical in appellate practice. It acknowledged that the Schuurman Rule might conflict with Supreme Court precedent and post-2002 amendments to Federal Rule of Civil Procedure 58, but concluded that it was bound to follow the rule under the prior-panel-precedent doctrine. The decision reinforced that even when substantive constitutional issues are involved, procedural missteps could bar a party from appellate review.
Commentators noted that the Eleventh Circuit’s decision highlighted a tension between procedural consistency and substantive justice. While the court expressed doubt about the continued applicability of the Schuurman Rule, it felt constrained to apply it, demonstrating how procedural rules can decisively shape the outcome of litigation. Burt’s case thus underscored the importance of timely filings and the potential consequences when deadlines are missed.
The dismissal left Burt without appellate relief for his First Amendment and due process claims. The ruling served as a reminder that procedural requirements in federal court are not merely formalities, and missing critical deadlines can end a case regardless of the merits of the underlying issues.
