UNITED STATES
v.
FLORIAN, EXECUTOR

U.S. | 1941-02-17
No. 705
312 U.S. 656 Supreme Court of the United States (1941) Positive Treatment
Cited by 23 cases
Per_curiam
Per Curiam:

Per Curiam:

The petition for writ of certiorari is granted and the judgment is reversed for want of jurisdiction in the Circuit Court of Appeals because of the absence of a final judgment in the District Court. Collins v. Miller, 252 U. S. 364, 370-371; Nyanza Co. v. Jahncke Dry Dock, 264 U. S. 439. The cause is remanded to the District Court for a determination of the issues presented by the remaining counts, which the District Court by its order of June 27, 1940, as of October 23, 1939, reserved for disposition.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (22 total)

  • Catlin v. United States, 324 U.S. 229 (U.S. 1945)
    …s Harbor Co. v. Coats-Fordney Co., 243 U. S. 251, 256; Washington ex rel. McPherson Bros. Co. v. Superior Court, 274 U. S. 726; Ornstein v. Chesapeake & Ohio R. Co., 284 U. S. 572; cf. Collins v. Miller, 252 U. S. 364, 370; United States v. Florian, 312 U. S. 656. No case has been found in which appeal was taken, or attempted to be taken, under the 1890 and 1917 acts, from an order other than the final judgment disposing of all issues raised in the proceeding, including compensation. The uniform practice un…
  • Audi Vision Inc. v. RCA MFG. Co., Inc., 136 F.2d 621 (2d Cir. 1943)
    …f the case when the proper time arrives.2 Appeal dimissed. While the court changed its decision on rehearing, its original view is restored by the decision of the Supreme Court reversing for want of jurisdiction because of no final judgment below, 312 U.S. 656, 61 S.Ct. 713, 85 L.Ed. 1305. Cf. Farley v. Abbetmeier, 72 App.D.C. 260, 114 F. 2d 569, under special statutory procedure; 3 Moore, op. cit. supra, Cum.Supp.1942, 164, 165. Discussion of legislative reform to authorize interlocutory appeals by perm…
  • Luisa M. Fernandez v. Bankers Nat'l Life Ins. Co., 906 F.2d 559 (11th Cir. 1990)
    …other grounds, 828 F. 2d 514 (9th Cir.1987), cert. denied, 486 U.S. 1015, 108 S.Ct. 1752, 100 L.Ed.2d 214 (1988). Furthermore, denial of summary judgment is an interlocutory ruling which does not have res judicata effect. United States v. Florian, 312 U.S. 656, 61 S.Ct. 713, 85 L.Ed. 1105 (1941) (per curiam); United States v. Horton, 622 F. 2d 144, 148 (5th Cir.1980) (per curiam); Travelers Indem. Co. v. Erickson’s, Inc., 396 F. 2d 134, 136 (5th Cir.1968); see Williams v. Bishop, 732 F. 2d 885, 886 (11th…

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