a post-verdict motion pursuant to either Rule 50(b) or Rule 59(b). Id. at 988. Given Unitherm Food’s holding, it is now clear that renewing the motion post-verdict is jurisdictional and cannot be waived. See Hodges v. Mack Trucks, Inc., 474 F.3d 188, 195 (5th Cir.2006) (noting that an “appellate, court cannot review JML claim unless JML was requested both pre- and post-trial”) (emphasis added) (citing Unitherm Food); Pearson v. Welborn, 471 F.3d 732, 738 (7th Cir.2006) (explaining that appellate courts are deprived of the opportunity to consider challenges to the sufficiency of the evidence where a party fails to renew the motion for judgment as a matter of law after the verdict) (citing Unitherm Food); Hi Ltd. P’ship v. Winghouse of Fla., Inc., 451 F.3d 1300, 1301 (11th Cir.2006) (<HOLDING>) (citing Unitherm Food). Because the' City
holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred holding that a motion to continue a hearing on a postjudgment motion was ineffective to extend the period for the trial court to rule on the motion absent the express consent of the parties holding in a capital case that the defendant waived his argument that the trial court erred when it denied his motion for a change of venue where the trial court took the motion under advisement but the defendant failed to seek a ruling on the motion and failed to renew the motion after the jurors had been qualified holding that whatever the merits of the sufficiencyoftheevidence challenge the court had no authority to consider the motion absent an appropriate postverdict motion in the district court holding that the district court and this court had subject matter jurisdiction over the defendants motion for modification of sentence based on amendment 706 even though the defendant filed the motion before march 3 2008 because the district court ruled on the motion after that date