EDWARD L. ESNEAULT, PLAINTIFF-APPELLANT,
v.
WATERMAN STEAMSHIP CORPORATION, DEFENDANT-APPELLEE
EDWARD L. ESNEAULT, PLAINTIFF-APPELLANT,
WATERMAN STEAMSHIP CORPORATION, DEFENDANT-APPELLEE
449 F.2d 1296
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 3 cases
Opinion of the Court
BY THE COURT:
Appellee’s motion to dismiss this . appeal for lack of jurisdiction is granted. The granting of a motion for a mistrial is not a final order which terminates the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined. Gilmore v. United States, 5 Cir. 1959, 264 F. 2d 44, 45. Finality is necessary to bring the order within our appellate jurisdiction under 28 U.S.C.A. § 1291.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gibson v. Troxel, 453 So. 2d 1160 (Fla. 4th DCA 1984)
-
United States v. Trejo, 501 F.2d 138 (9th Cir. 1974)
-
Barkoo v. Melby, 901 F.2d 613 (7th Cir. 1990)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- McCoy Gilmore v. United States, 264 F.2d 44 (5th Cir. 1959)