Tweedle v. State Farm Fire & Casualty Co.

527 F.3d 664, 2008 U.S. App. LEXIS 11814, 2008 WL 2262345
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 4, 2008
Docket07-1616
StatusPublished
Cited by17 cases

This text of 527 F.3d 664 (Tweedle v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tweedle v. State Farm Fire & Casualty Co., 527 F.3d 664, 2008 U.S. App. LEXIS 11814, 2008 WL 2262345 (8th Cir. 2008).

Opinion

BOWMAN, Circuit Judge.

Katherine Tweedle appeals from orders of the District Court 1 entered after judgment in her favor on her breach-of-contract claim against State Farm Fire & Casualty Company. This case is before us for the second time. In the first appeal, State Farm challenged a jury verdict in favor of Tweedle on her claim to recover homeowners insurance policy proceeds. Tweedle v. State Farm Fire & Cas. Co., 202 Fed.Appx. 934 (8th Cir.2006). State Farm had refused to pay, contending that the fire that destroyed the insured house was intentionally set and that Tweedle had misrepresented material facts to State Farm’s investigators. The case went to trial on Tweedle’s claim for breach of contract, and she prevailed. State Farm appealed and we affirmed.

Back in the District Court after our mandate issued, numerous postjudgment motions were filed. Tweedle challenges the court’s rulings on four of those motions: (1) the court granted the motion to intervene filed by John Stansel Harvey, who is Tweedle’s ex-husband, co-owner of the house that was destroyed, and co-insured on the State Farm homeowners insurance policy; (2) the court granted, in part, State Farm’s motion to correct the judgment, amending the judgment to reflect setoffs for a $1000 advance that State Farm paid to Tweedle and Harvey and $45,102.59 that State Farm paid to satisfy the mortgage on the house; (3) the court denied as moot Tweedle’s motion to enforce the Third Amended Judgment (which did not reflect the setoffs); and (4) the court denied Tweedle’s motion to proceed against the corporate surety.

Before we can consider the merits of Tweedle’s issues on appeal, we must address the argument of intervenor-appel-lee Harvey and appellee State Farm that we have no jurisdiction to hear the appeal. According to Tweedle, our jurisdiction arises under 28 U.S.C. § 1291: “The courts of appeals ... shall have jurisdiction of appeals from all final decisions of the district courts of the United States.... ” But the appellees argue that the orders appealed from are interlocutory and not final decisions. They also maintain, in arguments with which we agree and with which Tweedle does not seriously quarrel, that the other possible sources of appellate jurisdiction are not legally sustainable in this case. First, the District Court has not certified that the issues in question involve “a controlling question of law as to which there is substantial ground for difference of opinion” such that an immediate appeal is necessary to “materially advance the ultimate termination of the litigation.” 28 U.S.C. § 1292(b). Likewise, the District Court did not expressly determine that although there remained unresolved claims for relief, there was “no just reason for delay” of the appeal. Fed.R.Civ.P. 54(b). So if the orders on appeal are not final decisions, as State Farm and Harvey maintain, that leaves only the collateral order doctrine as a basis for our jurisdiction. “To qualify for immediate appeal under the collateral order doctrine, an order must conclusively decide a disputed question that is important and distinct from the case’s merits, and the decision must be effectively unre-viewable on appeal from a final judgment.” Kassuelke v. Alliant Techsystems, *668 Inc., 223 F.3d 929, 931 (8th Cir.2000). None of the orders on appeal meet all the requirements for immediate appeal under the collateral order doctrine. We can assert jurisdiction over this appeal, then, only under § 1291 and only if the orders appealed from are final, as Tweedle contends.

Appellate jurisdiction under § 1291 in this case is not free from doubt. Our study of the case law on the subject of final decisions for purposes of appellate jurisdiction convinces us that the words of the Supreme Court in 1974 remain true today: “No verbal formula yet devised can explain prior finality decisions with unerring accuracy or provide an utterly reliable guide for the future.” Eisen v. Carlisle & Jacquelin, 417 U.S. 156, 170, 94 S.Ct. 2140, 40 L.Ed.2d 732 (1974); see also id. n. 9. The appellees maintain that because there are some unresolved motions pending before the District Court, the orders appealed from cannot be final, even though the judgment is. But relying on “practical instead of technical considerations,” we are confident that those pending motions do not preclude finality for the orders before us on appeal. Giove v. Stanko, 49 F.3d 1338, 1341 (8th Cir.1995).

Both appellees point to the District Court’s expressed view that this case is not yet final for purposes of appeal. In its Order Staying Case Pending Current Appeal, the District Court said, “This Court is of the firm impression that none of its orders issued since the Eighth Circuit’s last appeal are final____” Order of March 27, 2007, at 2. In the past, we have noted that “there must be ‘some clear and unequivocal manifestation by the trial court of its belief that the decision made, so far as [the court] is concerned, is the end of the case.’ ” Goodwin v. United States, 67 F.3d 149, 151 (8th Cir.1995) (quoting Fiataruolo v. United States, 8 F.3d 930, 937 (2d Cir.1993)) (alteration in Goodwin). We think that this language from the Second Circuit says too much in this case, where the decisions appealed from are postjudgment orders and the underlying judgment has been affirmed on appeal. A district court’s sense of finality, or lack thereof, does not determine whether we have jurisdiction over an appeal from such orders. As the District Court conceded, “[A]ppellate jurisdiction is primarily an issue for the appellate court.” Order of March 27, 2007, at 1 (quoting Missouri ex rel. Nixon v. Coeur D’Alene Tribe, 164 F.3d 1102, 1106 (8th Cir.), cert. denied, 527 U.S. 1039, 119 S.Ct. 2400, 144 L.Ed.2d 799 (1999)). While a district court’s impression as to the finality of its own orders might be helpful in some cases where our jurisdiction is challenged, we ultimately must look to the substance of the unresolved issues and determine for ourselves if we have appellate jurisdiction over the orders appealed from. That is, we have jurisdiction to determine our own jurisdiction over this appeal, regardless of the District Court’s belief as to finality. See Moussa v. INS, 302 F.3d 823, 825 (8th Cir.2002). But before we continue our analysis, some procedural background is in order.

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527 F.3d 664, 2008 U.S. App. LEXIS 11814, 2008 WL 2262345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tweedle-v-state-farm-fire-casualty-co-ca8-2008.