Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall

Fifth Circuit

Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall

659 F.2d 487, 1981 U.S. App. LEXIS 17050

Court of Appeals for the Fifth Circuit·Decided October 7, 1981·No. 80-3700·Published

Opinion

BY THE COURT:

The district court having declined to enter an amended Rule 54(b) certificate on the remand earlier ordered, and the present certificate being insufficient to confer jurisdiction upon us, 1 we DISMISS the appeal for want of jurisdiction.

DISMISSED.

1

. Although the certificate contains one of the determinations required by Rule 54(b), Fed.R. Civ.P., “an express direction for entry of judgment,” it does not contain the required “express determination that there is no just reason for delay.” See M.O.N.T. Boat Rental v. Union Oil Co., 613 F.2d 576, 581 n.12 (5th Cir. 1980).

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BY THE COURT:

The district court having declined to enter an amended Rule 54(b) certificate on the remand earlier ordered, and the present certificate being insufficient to confer jurisdiction upon us, 1 we DISMISS the appeal for want of jurisdiction.

DISMISSED.

1

. Although the certificate contains one of the determinations required by Rule 54(b), Fed.R. Civ.P., “an express direction for entry of judgment,” it does not contain the required “express determination that there is no just reason for delay.” See M.O.N.T. Boat Rental v. Union Oil Co., 613 F.2d 576, 581 n.12 (5th Cir. 1980).

Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall, 659 F.2d 487, 1981 U.S. App. LEXIS 17050 (5th Cir. 1981).

Pincite

659 F.2d 487 (Barney W. Johnson v. James Webb, Gordon W. Smith, Individually and D/B/A Smitty's Speakeasy Pool Hall) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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