Edward L. Esneault v. Waterman Steamship Corporation

449 F.2d 1296, 1971 U.S. App. LEXIS 7423, 1972 A.M.C. 2119
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 26, 1971
Docket71-2160
StatusPublished
Cited by8 cases

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.

Bluebook
Edward L. Esneault v. Waterman Steamship Corporation, 449 F.2d 1296, 1971 U.S. App. LEXIS 7423, 1972 A.M.C. 2119 (5th Cir. 1971).

Opinion

BY THE COURT:

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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Bluebook (online)
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.