Carr v. Grace

Fifth Circuit

Carr v. Grace

595 F.2d 1082

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 24, 1979

DocketNos. 78-2692, 78-3012

StatusPublished

Cited by1 cases

This text of 595 F.2d 1082 (Carr v. Grace) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carr v. Grace, 595 F.2d 1082 (5th Cir. 1979).

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Opinion

PER CURIAM.

28 U.S.C. § 1291 provides that “[t]he courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts . . . .” Appellant here appeals from an order in which the district court, while purporting to dismiss the action, retained the $5,000 which was the subject matter of the suit and which had been deposited into the court registry. Appellant argues that she is the rightful owner of this money and asks that we order it delivered to her. This, however, we cannot do. The district court’s order did not decide how to dispose of the $5,000. It is not, therefore, a “final decision” within the meaning of 28 U.S.C. § 1291. See Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 89 L.Ed. 911 (1945). Because we have no jurisdiction, we must dismiss the appeal.

DISMISSED.

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PER CURIAM.

28 U.S.C. § 1291 provides that “[t]he courts of appeals shall have jurisdiction of appeals from all final decisions of the district courts . . . .” Appellant here appeals from an order in which the district court, while purporting to dismiss the action, retained the $5,000 which was the subject matter of the suit and which had been deposited into the court registry. Appellant argues that she is the rightful owner of this money and asks that we order it delivered to her. This, however, we cannot do. The district court’s order did not decide how to dispose of the $5,000. It is not, therefore, a “final decision” within the meaning of 28 U.S.C. § 1291. See Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 89 L.Ed. 911 (1945). Because we have no jurisdiction, we must dismiss the appeal.

DISMISSED.

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595 F.2d 1082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-grace-ca5-1979.

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