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  • Fiorani v. Lowry, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The plaintiff, Rosario Fiorani Jr., sought to appeal district court orders denying his motion for default judgment against three of four named defendants. However, the Court of Appeals determined that the orders were not final orders subject to appeal, nor were they appealable interlocutory or collateral orders. Therefore, the Court dismissed the appeal for lack of jurisdiction.

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    Filed: 2005-10-26 Precedential Status: Non-Precedential Docket: 05-1925

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The plaintiff, Rosario Fiorani Jr., sought to appeal district court orders denying his motion for default judgment against three of four named defendants. However, the Court of Appeals determined that the orders were not final orders subject to appeal, nor were they appealable interlocutory or collateral orders. Therefore, the Court dismissed the appeal for lack of jurisdiction.

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    Public Domain
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    7 views2 pages

    Fiorani v. Lowry, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The plaintiff, Rosario Fiorani Jr., sought to appeal district court orders denying his motion for default judgment against three of four named defendants. However, the Court of Appeals determined that the orders were not final orders subject to appeal, nor were they appealable interlocutory or collateral orders. Therefore, the Court dismissed the appeal for lack of jurisdiction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1925

    ROSARIO A. FIORANI, JR.,


    Plaintiff - Appellant,
    versus
    ALBERT J. LOWRY, Dr., Ph.D., personally and as
    agent for EAI; ENTREPRENEURIAL SYSTEMS, LLC;
    BRADLEY LOUIS BOOKE; EDUCATION ADVANCEMENT
    INSTITUTE,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Benson Everett Legg, Chief District Judge.
    (CA-04-3036-L)

    Submitted:

    October 20, 2005

    Decided:

    October 26, 2005

    Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Rosario A. Fiorani, Jr., Appellant Pro Se. Shelly Marie Martin,


    BROWN, GOLDSTEIN & LEVY, LLP, Baltimore, Maryland; Bradley Louis
    Booke, MORIARITY GOOCH BADARUDDIN & BOOKE, Salt Lake City, Utah,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Rosario A. Fiorani, Jr., seeks to appeal the district
    courts orders denying his motion for default judgment against
    three of the four named defendants.

    This court may exercise

    jurisdiction only over final orders, 28 U.S.C. 1291 (2000), and


    certain interlocutory and collateral orders, 28 U.S.C. 1292
    (2000).

    See Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

    Corp., 337 U.S. 541, 546 (1949).

    The orders Fiorani seeks to

    appeal are neither final orders nor appealable interlocutory or


    collateral orders.
    jurisdiction.*

    Accordingly, we dismiss the appeal for lack of

    We dispense with oral argument because the facts

    and legal contentions are adequately presented in the materials


    before the court and argument would not aid the decisional process.
    DISMISSED

    To the extent Fiorani seeks to appeal the district courts


    order dismissing only Bradley Booke from the action, this order is
    also neither a final order nor an appealable interlocutory or
    collateral order.
    - 2 -

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