Edward L. Esneault v. Waterman Steamship Corporation
This text of 449 F.2d 1296 (Edward L. Esneault v. Waterman Steamship Corporation) 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.
Opinion
Appellee’s motion to dismiss this . appeal for lack of jurisdiction is granted. The granting of a motion for a mistrial is not a final order which terminates the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined. Gilmore v. United States, 5 Cir. 1959, 264 F.2d 44, 45. Finality is necessary to bring the order within our appellate jurisdiction under 28 U.S.C.A. § 1291.
Dismissed.
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Cite This Page — Counsel Stack
449 F.2d 1296, 1971 U.S. App. LEXIS 7423, 1972 A.M.C. 2119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-l-esneault-v-waterman-steamship-corporation-ca5-1971.