Alexandra Stefan v. Allstate Fire and Casualty Insurance Company

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 10, 2024
• Docket: 22-2272
• Status: Unpublished

Opinion

USCA4 Appeal: 22-2272 Doc: 25 Filed: 05/10/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-2272

ALEXANDRA STEFAN,

Plaintiff - Appellant,

v.

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:20-cv-01780-TMC)

Submitted: March 27, 2024 Decided: May 10, 2024

Before GREGORY and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed and remanded by unpublished per curiam opinion.

ON BRIEF: Paul S. Landis, FAYSSOUX & LANDIS ATTORNEYS AT LAW, PA, Greenville, South Carolina, for Appellant. T. David Rheney, Ioannis G. Conits, GALLIVAN WHITE & BOYD, P.A., Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-2272 Doc: 25 Filed: 05/10/2024 Pg: 2 of 3

PER CURIAM:

Alexandra Stefan seeks to appeal the district court’s November 16, 2022, order

partially granting summary judgment to Defendant in her amended declaratory judgment

action relating to an automobile insurance policy. This court may exercise jurisdiction only

over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders,

28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S.

541, 545-47 (1949). “Ordinarily, a district court order is not final until it has resolved all

claims as to all parties.” Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015) (internal

quotation marks omitted). “Regardless of the label given a district court decision, if it

appears from the record that the district court has not adjudicated all of the issues in a case,

then there is no final order.” Id.

Our review of the record reveals that the district court has not adjudicated all the

issues in this case. Although the district court adjudicated in a previous order the parties’

competing claims regarding Defendant’s entitlement to a setoff and adjudicated in the

November 16 order the parties’ competing claims regarding Stefan’s entitlement to

underinsured motorist coverage and Defendant’s counterclaim that the insurance policy

was void, it did not adjudicate the parties’ competing claims regarding property damage

liability coverage under the policy, their competing requests for costs and attorney’s fees,

and Defendant’s counterclaim for a declaration that Stefan was not entitled to recovery of

punitive damages. The district court did not enter a final judgment pursuant to Fed. R. Civ.

P. 54(b) and has not issued any order using language “calculated to conclude all the claims

before” it. Martin v. Duffy, 858 F.3d 239, 246 (4th Cir. 2017) (internal quotation marks

2 USCA4 Appeal: 22-2272 Doc: 25 Filed: 05/10/2024 Pg: 3 of 3

omitted). The order Stefan seeks to appeal is neither a final order nor an appealable

interlocutory or collateral order. We therefore dismiss the appeal for lack of jurisdiction

and remand to the district court for consideration of the unresolved issues. Porter, 803

F.3d at 699.

We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and argument would not aid the

decisional process.

DISMISSED AND REMANDED