JAMES MARTIN SMITH, PLAINTIFF-APPELLANT,
v.
DOUGLAS GONZALES ET AL., DEFENDANTS, DOUGLAS GONZALES AND OSSIE B. BROWN, DEFENDANTS-APPELLEES
JAMES MARTIN SMITH, PLAINTIFF-APPELLANT,
DOUGLAS GONZALES ET AL., DEFENDANTS, DOUGLAS GONZALES AND OSSIE B. BROWN, DEFENDANTS-APPELLEES
592 F.2d 277
Court of Appeals for the Fifth Circuit (1979)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM:
This is an appeal from the dismissal of two parties in a multiparty case in which one defendant remains a party. Since there has been neither a final judgment entered nor a determination by the district court that there is no just reason for delay pursuant to Fed.R.Civ.P. 54(b), either applied for by the parties or issued by the district court, we lack jurisdiction to entertain this appeal.
The appeal must be dismissed even though the parties do not object to the lack of a certificate. Graham v. Cole, 483 F. 2d 255 (5th Cir. 1973); Ronel Corp. v. Anchor Lock of Florida, Inc., 312 F. 2d 207 (5th Cir. 1963).
APPEAL DISMISSED.
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Citator
Cited By
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Raheem v. Dep't of Revenue CSE (M.D. Fla. 2019)…Jacksonville, Florida, on November 19, 2019. PATRICIA D. BARKSDALE United States Magistrate Judge Cc: Counsel of Record Idris Raheem 4950 Richards St., Apt. 35 Jacksonville, FL 32207 F. 3d 773, 779-80 (11th Cir. 2005); see Smith v. Gonzales, 592 F. 2d 277, 277 (5th Cir. 1979) (‘This is an appeal from the dismissal of two parties in a multiparty case in which one defendant remains a party. Since there has been neither a final judgment entered nor a determination by the district court that there…
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Ronel Corp. v. Anchor Lock OF Fla., Inc., 312 F.2d 207 (5th Cir. 1963)
- Zella Mae Graham v. Cole, 483 F.2d 255 (5th Cir. 1973)