Angela Bernhardine Gallo v. Carnival Corporation

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 16, 2024
• Docket: 24-10114
• Status: Unpublished

Opinion

USCA11 Case: 24-10114 Document: 30-1 Date Filed: 08/16/2024 Page: 1 of 2

In the United States Court of Appeals For the Eleventh Circuit

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No. 24-10114 Non-Argument Calendar ____________________

ANGELA BERNHARDINE GALLO, Angela Bernhardine Gallo Individually and as Personal Representative of the Estate of Basilio Gallo, Deceased, LISA ANTIONIETTA LIE GALLO, Individually, Plaintiffs-Appellees, versus CARNIVAL CORPORATION, Carnival Corporation Which Will Do Business In California As Carnival Cruises Lines, a Foreign Corporation with its principal place of business in the State of Florida, USCA11 Case: 24-10114 Document: 30-1 Date Filed: 08/16/2024 Page: 2 of 2

2 Opinion of the Court 24-10114

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:23-cv-23266-CMA ____________________

Before LAGOA, BRASHER, and ABUDU, Circuit Judges. PER CURIAM: Upon review of the record and the responses to the jurisdic- tional questions, this appeal is DISMISSED for lack of jurisdiction. Appellant challenges a portion of the district court’s December 12, 2023 order that it alleges denied appellant’s motion to compel arbi- tration. However, the December 12 order did not deny that mo- tion, and the motion was previously denied as premature in a pa- perless order entered on October 29, 2023. Appellant clarifies that it does not appeal the October 29 order, and that it only appeals the portion of the December 12 order that it asserts denied its motion to compel. See Fed. R. App. P. 3(c)(4). Because the appellant chal- lenges only a non-existent ruling, we conclude that the appellant lacks appellate standing. See Wolff v. Cash 4 Titles, 351 F.3d 1348, 1353-54 (11th Cir. 2003).