ZELLA MAE GRAHAM, ETC., PLAINTIFF-APPELLANT,
v.
ROBERT R. COLE, ETC., ET AL., DEFENDANTS-APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appeal was not ripe for review because the district court's order was not final and appealable under Rule 54(b).
The lawsuit involved multiple parties and counts, with some claims seeking declaratory and injunctive relief remaining pending against one defendant. …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Federal Rule Of Civil Procedure 54(B) Final Judgment cases and more on FLexlaw
PER CURIAM:
Having reviewed the record in this case we find that at least one defendant, District Attorney Wade of Dallas County, still has pending against him in the District Court so much of the lawsuit as seeks declaratory and injunctive relief. No certificate under F.R.Civ.P. 54(b) has been or could properly have been made on this record which is sparse and fails to provide a factual basis for the Court’s findings, there being neither testimony nor affidavits present.
While the complaint is dismissed with respect to all relief sought as to defendant Sheriff Jones, this is a multi-count, multi-party complaint and under Rule 54(b) unless the court enters the certificate there is no appealable order. In the absence of such a certificate, which for the reasons pointed out above would be administratively inappropriate in this vague case, no order is a final and ap-pealable order. Hence, as to all the appeal must be dismissed. We reiterate our frequent warning that “reversal does not necessarily foreshadow a trial, partial or full blown. That depends on the facts as developed and tested, not what the lawyers say they are in opposing affidavits.” Smith v. St. Paul Fire & Marine Insurance Company, 5 Cir., 1972, 471 F. 2d 840, 842.1 Accordingly, finding that the appeal is not yet ripe, we dismiss the appeal and remand to the trial court.
Appeal dismissed.
. See also Cook & Nichol, Inc. v. Plimsoll Club, 5 Cir., 1971, 451 F. 2d 505, 511; Mizell v. North Broward Hospital District, 5 Cir., 1968, 392 F. 2d 580; Webb v. Standard Oil Co., 5 Cir., 1969, 414 F. 2d 320; Camilla Cotton Oil Co. v. Spencer Kellogg & Sons, 5 Cir., 1958, 257 F. 2d 162, 167; Chagas v. Berry, 5 Cir., 1966, 369 F. 2d 637, 642; Barber v. Motor Vessel “Blue Cat”, 5 Cir., 1967, 372 F. 2d 626.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gradsky v. United States, 482 F.2d 1379 (5th Cir. 1973)
-
Smith v. Gonzales, 592 F.2d 277 (5th Cir. 1979)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Captain Tom Barber v. The Motor Vessel "Blue CAT", 372 F.2d 626 (5th Cir. 1967)
- Cook & Nichol, Inc. v. The Plimsoll Club, 451 F.2d 505 (5th Cir. 1971)
- Camilla Cotton OIL Co. & George M. Perry, Sr. v. Spencer Kellogg & Sons, Inc., 257 F.2d 162 (5th Cir. 1958)
- Chagas v. Berry, 369 F.2d 637 (5th Cir. 1966)
- J. P. (Pat) Webb v. Standard OIL Co., 414 F.2d 320 (5th Cir. 1969)
- Von D. Mizell v. N. Broward Hosp. Dist., 392 F.2d 580 (5th Cir. 1968)
- Smith v. ST. Paul Fire & Marine Ins. Co., 471 F.2d 840 (5th Cir. 1972)