Brinkley v. Dillard's, Inc.

201 F. App'x 941
Court of Appeals for the Fourth Circuit·Decided September 27, 2006·No. No. 06-1705·Published

Opinion

PER CURIAM:

Sherrie F. Brinkley seeks to appeal the district court’s order granting Dillard’s motion to compel arbitration. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Brinkley seeks to appeal is neither a final order nor an appeal-able interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We note that our dismissal of the appeal as interlocutory operates as a dismissal without prejudice. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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Brinkley v. Dillard's, Inc., 201 F. App'x 941 (4th Cir. 2006).

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Related

Cohen v. Beneficial Industrial Loan Corp.
337 U.S. 541 (Supreme Court, 1949)