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

Court of Appeals for the Fifth Circuit·Decided April 2, 1979·No. 78-2918·Published·Cited by 2 cases

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.

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

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