Alaina Trocano v. Michael Vivaldi

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 2, 2024
• Docket: 24-11686
• Status: Unpublished

Opinion

USCA11 Case: 24-11686 Document: 15-1 Date Filed: 07/02/2024 Page: 1 of 3

[DO NOT PUBLISH]

In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 24-11686 Non-Argument Calendar ____________________

ALAINA TROCANO, an individual, Plaintiff-Appellee, versus MICHAEL VIVALDI, an individual,

Defendant-Appellant, USCA11 Case: 24-11686 Document: 15-1 Date Filed: 07/02/2024 Page: 2 of 3

2 Opinion of the Court 24-11686

AMERICAN AIRLINES GROUP, INC, a foreign profit corporation, et al.,

Defendants.

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:23-cv-00645-JES-KCD ____________________

Before JILL PRYOR, NEWSOM, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Defendant Michael Vivaldi appeals the district court’s May 16, 2024 order. That order denied Vivaldi’s motion for sanctions and his request that the claims against him, which were previously dismissed without prejudice, be dismissed with prejudice or that he be awarded attorney’s fees. That order is not final because claims against defendant American Airlines, Inc. remain pending. See 28 U.S.C. § 1291; Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1245-46 (11th Cir. 2012). Furthermore, the order is not immedi- ately appealable under the collateral order doctrine because the re- quest for sanctions and dismissal with prejudice was connected to the merits of the case, and Vivaldi’s request for attorney’s fees is effectively reviewable on appeal from the final judgment. See USCA11 Case: 24-11686 Document: 15-1 Date Filed: 07/02/2024 Page: 3 of 3

24-11686 Opinion of the Court 3

Johnson v. Jones, 515 U.S. 304, 311 (1995); Richardson-Merrell, Inc. v. Koller, 472 U.S. 424, 430-31 (1985). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.