Jenkins v. C L E C O Corp

Fifth Circuit

Jenkins v. C L E C O Corp

91 F. App'x 363

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 7, 2004

Docket03-30907

StatusUnpublished

This text of 91 F. App'x 363 (Jenkins v. C L E C O Corp) 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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Jenkins v. C L E C O Corp, 91 F. App'x 363 (5th Cir. 2004).

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Opinion

PER CURIAM: *

This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). In the instant lawsuit, Daniel C. Jenkins filed a notice of appeal from the district court’s order granting summary judgment in favor of Liberty Life Assurance Company of Boston (“Liberty Life”), dismissing Jenkins’ claims against Liberty Life regarding its denial of long-term disability benefits with prejudice. Jenkins’ claims of disability discrimination against CLECO Corporation remain to be adjudicated.

When an action involves multiple parties or multiple claims, any decision that adjudicates the liability of fewer than all the parties or disposes of fewer than all the *364 claims does not terminate the litigation and is therefore not appealable unless certified by the district court under Fed. R. Civ. P. 54(b). See Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir.1985); Borne v. A & P Boat Rentals No. 4, Inc., 755 F.2d 1131, 1133 (5th Cir.1985). The district court has not certified the order for appeal. Accordingly, this court is without jurisdiction.

APPEAL DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

This court must examine the basis of its jurisdiction on its own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987). In the instant lawsuit, Daniel C. Jenkins filed a notice of appeal from the district court’s order granting summary judgment in favor of Liberty Life Assurance Company of Boston (“Liberty Life”), dismissing Jenkins’ claims against Liberty Life regarding its denial of long-term disability benefits with prejudice. Jenkins’ claims of disability discrimination against CLECO Corporation remain to be adjudicated.

When an action involves multiple parties or multiple claims, any decision that adjudicates the liability of fewer than all the parties or disposes of fewer than all the *364 claims does not terminate the litigation and is therefore not appealable unless certified by the district court under Fed. R. Civ. P. 54(b). See Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir.1985); Borne v. A & P Boat Rentals No. 4, Inc., 755 F.2d 1131, 1133 (5th Cir.1985). The district court has not certified the order for appeal. Accordingly, this court is without jurisdiction.

APPEAL DISMISSED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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91 F. App'x 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-c-l-e-c-o-corp-ca5-2004.

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