Laschkewitsch v. American National Life Insurance Co.

Fourth Circuit

Laschkewitsch v. American National Life Insurance Co.

671 F. App'x 230

Court of Appeals for the Fourth Circuit·Decided December 20, 2016·No. 16-2003·Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Laschkewitseh seeks to appeal the district court’s order granting summary judgment against him. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Laschkewitseh seeks to appeal, which decided the issue of liability but made clear that the district court had yet to conduct further proceedings to determine damages, attorney’s fees, and costs, is neither a final order nor an ap-pealable interlocutory or collateral order. See Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 744, 96 S.Ct. 1202, 47 L.Ed.2d 435 (1976); Dilly v. S.S. Kresge, 606 F.2d 62, 62-63 (4th Cir. 1979). Accordingly, we grant Appellee’s motion to dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

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Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

John Laschkewitseh seeks to appeal the district court’s order granting summary judgment against him. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2012), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Laschkewitseh seeks to appeal, which decided the issue of liability but made clear that the district court had yet to conduct further proceedings to determine damages, attorney’s fees, and costs, is neither a final order nor an ap-pealable interlocutory or collateral order. See Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 744, 96 S.Ct. 1202, 47 L.Ed.2d 435 (1976); Dilly v. S.S. Kresge, 606 F.2d 62, 62-63 (4th Cir. 1979). Accordingly, we grant Appellee’s motion to dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

Laschkewitsch v. American National Life Insurance Co., 671 F. App'x 230 (4th Cir. 2016).

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Opinion

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