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    The Sixth Circuit Court of Appeals dismissed an appeal for lack of jurisdiction. The district court had granted summary judgment to some defendants in a case about the sale of properties with undisclosed liens, but claims against two other defendants were still pending. As the district court did not fully adjudicate all claims against all parties and did not certify the order for interlocutory appeal, the Sixth Circuit concluded the order was non-appealable and dismissed the appeal.

    Original Description:

    Filed: 1996-10-08 Precedential Status: Non-Precedential Citations: 98 F.3d 1342 Docket: 96-6231

    Original Title

    Max W. Menuskin Sarah H. Newman C.E. Barnes Bess Barnes Elizabeth S. Wynn Lew Phillips Mamie Phillips Ed Merritt Judie Merritt v. Don Williams Alice Williams First American National Bank, Vicki Cooke Cathleen N. Miles Susan Parker National Title Insurance Agency J.P. Sartain, 98 F.3d 1342, 1st Cir. (1996)

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    The Sixth Circuit Court of Appeals dismissed an appeal for lack of jurisdiction. The district court had granted summary judgment to some defendants in a case about the sale of properties with undisclosed liens, but claims against two other defendants were still pending. As the district court did not fully adjudicate all claims against all parties and did not certify the order for interlocutory appeal, the Sixth Circuit concluded the order was non-appealable and dismissed the appeal.

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    12 views2 pages

    United States Court of Appeals, Sixth Circuit

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    The Sixth Circuit Court of Appeals dismissed an appeal for lack of jurisdiction. The district court had granted summary judgment to some defendants in a case about the sale of properties with undisclosed liens, but claims against two other defendants were still pending. As the district court did not fully adjudicate all claims against all parties and did not certify the order for interlocutory appeal, the Sixth Circuit concluded the order was non-appealable and dismissed the appeal.

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    of 2

    98 F.

    3d 1342

    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    unpublished dispositions is disfavored except for establishing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.
    Max W. MENUSKIN; Sarah H. Newman; C.E. Barnes; Bess
    Barnes; Elizabeth S. Wynn; Lew Phillips; Mamie
    Phillips; Ed Merritt; Judie Merritt,
    Plaintiffs-Appellants,
    v.
    Don WILLIAMS; Alice Williams; First American National
    Bank, Defendants.
    Vicki Cooke; Cathleen N. Miles; Susan Parker; National
    Title Insurance Agency; J.P. Sartain, Defendants-Appellees.
    No. 96-6231.

    United States Court of Appeals, Sixth Circuit.


    Oct. 8, 1996.

    E.D.Tenn., No. 92-00144; Curtis L. Collier, Judge.


    E.D.Tenn., 1996 WL 549322.
    APPEAL DISMISSED.
    Before: KRUPANSKY, BOGGS, and SILER, Circuit Judges.

    ORDER
    1

    This is a civil action arising from the sale of properties subject to undisclosed
    construction liens. On July 31, 1996, the district court granted the motions for
    summary judgment filed by defendants Cooke, Miles, Parker, Sartain, and
    National Title Insurance Agency. The plaintiffs filed a notice of appeal from
    that order and the present appeal resulted. We conclude we lack appellate

    jurisdiction in this case.


    2

    Absent certification for an interlocutory appeal under Rule 54(b), Fed.R.Civ.P.,


    an order disposing of fewer than all parties or claims in an action is
    nonappealable. William B. Tanner Co. v. United States, 575 F.2d 101, 102 (6th
    Cir.1978) (per curiam). In this case, the district court did not adjudicate the
    claims against defendants Don Williams and Alice Williams and expressly
    stated such in its order of July 31, 1996.* Although the plaintiffs sought
    certification of that order for an interlocutory appeal under Rule 54(b), the
    district court denied such certification in an order of September 11, 1996.

    It therefore is ORDERED that this appeal is dismissed sua sponte for lack of
    appellate jurisdiction.

    Defendant First American National Bank was dismissed from the action on
    September 11, 1992

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