Edward L. Esneault v. Waterman Steamship Corporation

449 F.2d 1296, 1971 U.S. App. LEXIS 7423, 1972 A.M.C. 2119
Court of Appeals for the Fifth Circuit·Decided October 26, 1971·No. 71-2160·Published·Cited by 8 cases

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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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).

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