David Saulsberry v. Britney Elder

Opinion

USCA11 Case: 23-13059 Document: 16-1 Date Filed: 11/29/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-13059 Non-Argument Calendar ____________________

DAVID SAULSBERRY, Plaintiff-Appellant, versus BRITNEY ELDER, a.k.a. FTN Bae,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:21-cv-62362-RS USCA11 Case: 23-13059 Document: 16-1 Date Filed: 11/29/2023 Page: 2 of 2

2 Opinion of the Court 23-13059

Before WILSON, GRANT, and ABUDU, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. David Saulsberry appeals from the district court’s August 15, 2023 paperless order striking his motion for summary judgment. The court previously vacated a jury verdict and final judgment in favor of Saulsberry and has set a new trial for December 4, 2023. We lack jurisdiction over this appeal because the August 15 order is not final or otherwise appealable. See 28 U.S.C. § 1291; CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000). The order is not final because Saulsberry’s claims, and the defendant’s counterclaims, have not yet been resolved. See Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1245-46 (11th Cir. 2012). Furthermore, the order is not otherwise appealable under the collateral order doctrine because it would not be effectively un- reviewable on appeal from a final judgment. See Plaintiff A v. Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.