Citation Codes Equivalent Citations citation codes Docket Number No. 76-1310. Summary Calendar. Attorney(S) Adam G. Nunez, pro se. Robert T. Jorden, Lawrence P. Simon, Jr., Lafayette, La., Willard B. Wagner, Jr., James M. Dunnam, Houston, Tex., for defendant-appellee. Judges John Robert Brown Walter Pettus Gewin See more information ... Smart Summary Please sign up to generate summary. ADAM G. NUNEZ, PLAINTIFF-APPELLANT, v. THE SUPERIOR OIL COMPANY, DEFENDANT-APPELLEE. PER CURIAM: In this case the district court rendered a "ruling" granting defendant-appellee's motion for summary judgment. However, there was a failure to comply with the mechanical requirement of Rule 58 of the Federal Rules of Civil Procedure that the judgment be "set forth on a separate document." Hence, this appeal must be dismissed. Taylor v. Sterrett, 527 F.2d 856 (5 Cir. 1976). See United States v. Indrelunas, 411 U.S. 216, 93 S.Ct. 1562, 36 L.Ed.2d 202 (1973). Should a new appeal be taken after compliance with Rule 58, complete rebriefing is not required. We suggest, however, that the parties may wish to file succinct supplemental briefs on the question whether appellee's defense concerning failure to give notice of default is one that should have been set forth affirmatively under Rule 8(c) of the Federal Rules of Civil Procedure and, if so, whether this defense was set forth affirmatively. See Record, v. 1 at 197 and 199. But see Brief for Appellee at 52. APPEAL DISMISSED.