Samuel Smith, Jr. v. City of Miami

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 27, 2025
• Docket: 25-10545
• Status: Unpublished

Opinion

USCA11 Case: 25-10545 Document: 8-1 Date Filed: 03/27/2025 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 25-10545 Non-Argument Calendar ____________________

SAMUEL LEE SMITH, JR., Plaintiff-Appellant, versus CITY OF MIAMI, A Political Subdivision, ERIC MARTI, An Individual,

Defendants-Appellees. USCA11 Case: 25-10545 Document: 8-1 Date Filed: 03/27/2025 Page: 2 of 3

2 Opinion of the Court 25-10545

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:23-cv-24150-MD ____________________

Before BRANCH, GRANT, and LAGOA, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Samuel Smith, Jr., proceeding pro se, appeals the district court’s February 4, 2025 order granting the defendants’ motion to dismiss in part. We lack jurisdiction over Smith’s appeal because the Febru- ary 4 order was not final and appealable, as several of Smith’s claims remain pending before the district court and are set for trial. See 28 U.S.C. § 1291 (providing that appellate jurisdiction is gener- ally limited to “final decisions of the district courts”); Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022) (providing that an appealable final order ends the litigation on the merits and leaves nothing for the court to do but execute its judgment). The order is also not effectively unreviewable on appeal from a final judgment resolving the case on the merits. See Plaintiff A v. Schair, 744 F.3d 1247, 1252-53 (11th Cir. 2014) (explaining that a ruling that does not conclude the litigation may be appealed under the collat- eral order doctrine if it, inter alia, is “effectively unreviewable on appeal from a final judgment”). USCA11 Case: 25-10545 Document: 8-1 Date Filed: 03/27/2025 Page: 3 of 3

25-10545 Opinion of the Court 3

No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.