Clerk's entry of judgment starts appeal clock, even when court fails to approve judgment

In Burnley v. City of San Antonio, No. 04-51181 (5th Cir. Sept. 15, 2006), plaintiff won a general verdict against defendant awarding $165,000 in compensatory damages. The clerk entered judgment on the verdict, but the court never approved the judgment. Several months later, the court awarded $31,530 in attorney's fees, and within 30 days after the attorney-fee award, the defendant attempted to appeal both the judgment on the verdict and the award of attorney's fees. Here's the timeline:

1. February 2: Jury verdict; clerk’s entry of judgment; no court approval.
2. February 10: Plaintiff moved for attorney’s fees under FRCP 54(d)(2).
3. July 2: 150 days elapsed after clerk’s entry of judgment on the verdict.
4. September 16: Plaintiff’s fee motion granted.
5. October 18: Defendant filed, and court granted, FRCP 58 (c)(2) motion to treat fee motion as FRCP 59 new trial motion to delay running of time to appeal.
6. October 18: Court approved the form of the judgment on the merits entered by the clerk on February 2, 2004.
7. October 18: Defendant filed notice of appeal.

Issue: When the clerk entered judgment, did the appeal clock start ticking even though the district court never approved the judgment? Answer: Yes. The court's reasoning:

[U]nder FRCP 58(b)(2)(B), when 150 days had run from the clerk’s entry in the civil docket under FRCP 79(a), the clerk’s entry by law constituted the entry of judgment of the court for purposes of FRCP 58 and other Federal Rules. Because the clerk’s entry under FRCP 79(a) was recorded on February 2, 2004, the entry of judgment of the court 150 days later fell on July 2, 2004.3 Thus, the City of San Antonio’s notice of appeal, filed on October 18, 2004, was filed more than 30 days after the entry of the judgment of the court and was not timely under FRAP 4(a)(1)(A).

Tip o' the hat to Bob Markle for spotting this one.