James Martin Smith v. Douglas Gonzales, Douglas Gonzales and Ossie B. Brown

Fifth Circuit

James Martin Smith v. Douglas Gonzales, Douglas Gonzales and Ossie B. Brown

592 F.2d 277, 1979 U.S. App. LEXIS 15724

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 2, 1979

Docket78-2918

StatusPublished

Cited by2 cases

This text of 592 F.2d 277 (James Martin Smith v. Douglas Gonzales, Douglas Gonzales and Ossie B. Brown) 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.

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James Martin Smith v. Douglas Gonzales, Douglas Gonzales and Ossie B. Brown, 592 F.2d 277, 1979 U.S. App. LEXIS 15724 (5th Cir. 1979).

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Opinion

PER CURIAM:

This is an appeal from the dismissal of two parties in a multiparty case in which one defendant remains a party. Since there has been neither a final judgment entered nor a determination by the district court that there is no just reason for delay pursuant to Fed.R.Civ.P. 54(b), either applied for by the parties or issued by the district court, we lack jurisdiction to entertain this appeal.

The appeal must be dismissed even though the parties do not object to the lack of a certificate. Graham v. Cole, 483 F.2d 255 (5th Cir. 1973); Ronel Corp. v. Anchor Lock of Florida, Inc., 312 F.2d 207 (5th Cir. 1963).

APPEAL DISMISSED.

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PER CURIAM:

This is an appeal from the dismissal of two parties in a multiparty case in which one defendant remains a party. Since there has been neither a final judgment entered nor a determination by the district court that there is no just reason for delay pursuant to Fed.R.Civ.P. 54(b), either applied for by the parties or issued by the district court, we lack jurisdiction to entertain this appeal.

The appeal must be dismissed even though the parties do not object to the lack of a certificate. Graham v. Cole, 483 F.2d 255 (5th Cir. 1973); Ronel Corp. v. Anchor Lock of Florida, Inc., 312 F.2d 207 (5th Cir. 1963).

APPEAL DISMISSED.

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592 F.2d 277, 1979 U.S. App. LEXIS 15724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-martin-smith-v-douglas-gonzales-douglas-gonzales-and-ossie-b-brown-ca5-1979.

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