GENERAL MOTORS CORPORATION, ETC., PLAINTIFF-APPELLANT,
v.
DADE BONDED WAREHOUSE, INC., ET AL., DEFENDANTS-APPELLEES
GENERAL MOTORS CORPORATION, ETC., PLAINTIFF-APPELLANT,
DADE BONDED WAREHOUSE, INC., ET AL., DEFENDANTS-APPELLEES
498 F.2d 327
Court of Appeals for the Fifth Circuit (1974)
Positive Treatment
Cited by 20 cases
Opinion of the Court
PER CURIAM:
In this action General Motors asserted claims against both Dade Bonded Warehouse, Inc. and Blanche R. Bergin, executrix of the estate of Cecil A. Bergin. Although the jury was charged on the various theories of liability possibly applicable to Bergin, their verdict did not mention the claim against her. Furthermore, a careful search of the record reveals that no judgment was ever entered on this claim, although the district court did deny General Motors’ motion for a new trial against Bergin. Thus the judgment fails to adjudicate all the claims and liabilities of all the parties, as required by F.R.Civ.P. 54(b). No certificate under F.R.Civ.P. 54(b) appears in the record. We therefore dismiss the appeal for want of jurisdiction. 11 C. Wright & A. Miller, Federal Practice and Procedure: Civil § 2781; F.R.Civ.P. 58; 28 U.S.C. § 1291. See, e. g., Anderson v. Robinson, 5 Cir. 1974, 494 F. 2d 45; Foret v. McDermott, 5 Cir. 1973, 484 F. 2d 992. See also, United States v. Indrelunas, 1973, 411 U.S. 216, 93 S.Ct. 1562, 36 L.Ed.2d 202; State National Bank of El Paso v. United States, 5 Cir. 1974, 488 F. 2d 890.
Should the district court enter a new judgment on General Motors’ claim against Dade Bonded Warehouse, Inc., and issue the Rule 54(b) certificate, the appeal from that judgment may be submitted on the record and briefs prepared for this appeal, supplemented by the new judgment and certificate, and on the oral arguments heretofore heard.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Huckeby v. Frozen Food Express, 555 F.2d 542 (5th Cir. 1977)
-
Coy E. Kirtland v. J. RAY McDERMOTT & Co., 568 F.2d 1166 (5th Cir. 1978)
-
In re Yarn Processing Patent Validity Litig. LEX TEX Ltd., Inc. v. Unifi, Inc., 680 F.2d 1338 (11th Cir. 1982)
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Indrelunas, 411 U.S. 216 (U.S. 1973)
- The State Nat'l Bank OF EL Paso for Lee Moor Child's. Home v. United States, 488 F.2d 890 (5th Cir. 1974)
- Anderson v. Robinson, 494 F.2d 45 (5th Cir. 1974)
- Jackson v. Hensley, 484 F.2d 992 (5th Cir. 1973)
- Foret v. McDERMOTT, 484 F.2d 992 (5th Cir. 1973)