Joseph Simonetti v. Bill Carney, Building Commissioner, Bill Kapel, City of Euclid Defendant- Angela Petsanis Tom Petsanis

Sixth Circuit

Joseph Simonetti v. Bill Carney, Building Commissioner, Bill Kapel, City of Euclid Defendant- Angela Petsanis Tom Petsanis

859 F.2d 153, 1988 U.S. App. LEXIS 13179, 1988 WL 99430

CourtCourt of Appeals for the Sixth Circuit

DecidedSeptember 28, 1988

Docket88-3753

StatusUnpublished

This text of 859 F.2d 153 (Joseph Simonetti v. Bill Carney, Building Commissioner, Bill Kapel, City of Euclid Defendant- Angela Petsanis Tom Petsanis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth 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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Joseph Simonetti v. Bill Carney, Building Commissioner, Bill Kapel, City of Euclid Defendant- Angela Petsanis Tom Petsanis, 859 F.2d 153, 1988 U.S. App. LEXIS 13179, 1988 WL 99430 (6th Cir. 1988).

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859 F.2d 153

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Joseph SIMONETTI, Plaintiff-Appellant,
v.
Bill CARNEY, Building Commissioner, Bill Kapel, City of
Euclid; Defendant- Appellees,
Angela Petsanis; Tom Petsanis, Defendants.

No. 88-3753.

United States Court of Appeals, Sixth Circuit.

Sept. 28, 1988.

Before WELLFORD and BOGGS, Circuit Judges and JOHN W. PECK, Senior Circuit Judge.

ORDER

The plaintiff appeals the July 22, 1988 order dismissing the claims against defendants Carney, Euclid and Kapel. Defendants Rocco, Niccum and Fischer were previously dismissed from this litigation. The claims against defendants Angela and Tom Petsanis, however, remain pending before the district court.

A judgment is final for purposes of 28 U.S.C. Sec. 1291 "when it terminates all issues presented in the litigation on the merits and leaves nothing to be done except enforce by execution what has been determined." Donovan v. Hayden, Stone, Inc., 434 F.2d 619, 620 (6th Cir.1970) (per curiam). Absent certification for an interlocutory appeal under 28 U.S.C. Sec. 1292(b) or Rule 54(b), Federal Rules of Civil Procedure, an order disposing of fewer than all the parties or claims in an action is nonappealable. William B. Tanner Co. v. United States, 575 F.2d 101 (6th Cir.1978) (per curiam); Oak Construction Co. v. Huron Cement Co., 475 F.2d 1220 (6th Cir.1973) (per curiam). The district court's order of July 22, 1988 was neither final nor certified for interlocutory appeal. Accordingly,

It is ORDERED that this appeal is dismissed for lack of appellate jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.

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859 F.2d 153

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Joseph SIMONETTI, Plaintiff-Appellant,
v.
Bill CARNEY, Building Commissioner, Bill Kapel, City of
Euclid; Defendant- Appellees,
Angela Petsanis; Tom Petsanis, Defendants.

No. 88-3753.

United States Court of Appeals, Sixth Circuit.

Sept. 28, 1988.

Before WELLFORD and BOGGS, Circuit Judges and JOHN W. PECK, Senior Circuit Judge.

ORDER

The plaintiff appeals the July 22, 1988 order dismissing the claims against defendants Carney, Euclid and Kapel. Defendants Rocco, Niccum and Fischer were previously dismissed from this litigation. The claims against defendants Angela and Tom Petsanis, however, remain pending before the district court.

A judgment is final for purposes of 28 U.S.C. Sec. 1291 "when it terminates all issues presented in the litigation on the merits and leaves nothing to be done except enforce by execution what has been determined." Donovan v. Hayden, Stone, Inc., 434 F.2d 619, 620 (6th Cir.1970) (per curiam). Absent certification for an interlocutory appeal under 28 U.S.C. Sec. 1292(b) or Rule 54(b), Federal Rules of Civil Procedure, an order disposing of fewer than all the parties or claims in an action is nonappealable. William B. Tanner Co. v. United States, 575 F.2d 101 (6th Cir.1978) (per curiam); Oak Construction Co. v. Huron Cement Co., 475 F.2d 1220 (6th Cir.1973) (per curiam). The district court's order of July 22, 1988 was neither final nor certified for interlocutory appeal. Accordingly,

It is ORDERED that this appeal is dismissed for lack of appellate jurisdiction. Rule 9(b)(1), Rules of the Sixth Circuit.

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859 F.2d 153, 1988 U.S. App. LEXIS 13179, 1988 WL 99430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-simonetti-v-bill-carney-building-commission-ca6-1988.

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