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  • Augustine v. Adams, 10th Cir. (1998)

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    This document is an order from the United States Court of Appeals for the Tenth Circuit dismissing an appeal in the case of Elma Augustine v. James Adams, et al. for lack of jurisdiction. The district court had granted summary judgment in favor of some, but not all, defendants in the case. One defendant was also voluntarily dismissed without prejudice by the plaintiff. As claims remained pending against another defendant, there was no final judgment. The appeals court provided the plaintiff 15 days to obtain a final judgment or Rule 54(b) certification, but the district court denied certification. Therefore, the appeals court dismissed the appeal for lack of jurisdiction as the order appealed from was not a final judgment disposing of all claims against all parties

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    Filed: 1998-07-22 Precedential Status: Non-Precedential Docket: 97-3261

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    This document is an order from the United States Court of Appeals for the Tenth Circuit dismissing an appeal in the case of Elma Augustine v. James Adams, et al. for lack of jurisdiction. The district court had granted summary judgment in favor of some, but not all, defendants in the case. One defendant was also voluntarily dismissed without prejudice by the plaintiff. As claims remained pending against another defendant, there was no final judgment. The appeals court provided the plaintiff 15 days to obtain a final judgment or Rule 54(b) certification, but the district court denied certification. Therefore, the appeals court dismissed the appeal for lack of jurisdiction as the order appealed from was not a final judgment disposing of all claims against all parties

    Copyright:

    Public Domain
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    8 views3 pages

    Augustine v. Adams, 10th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an order from the United States Court of Appeals for the Tenth Circuit dismissing an appeal in the case of Elma Augustine v. James Adams, et al. for lack of jurisdiction. The district court had granted summary judgment in favor of some, but not all, defendants in the case. One defendant was also voluntarily dismissed without prejudice by the plaintiff. As claims remained pending against another defendant, there was no final judgment. The appeals court provided the plaintiff 15 days to obtain a final judgment or Rule 54(b) certification, but the district court denied certification. Therefore, the appeals court dismissed the appeal for lack of jurisdiction as the order appealed from was not a final judgment disposing of all claims against all parties

    Copyright:

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    of 3

    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    JUL 22 1998

    PATRICK FISHER
    Clerk

    ELMA AUGUSTINE,
    Plaintiff-Appellant,
    v.
    JAMES ADAMS; ADAMS, BROWN,
    BERAN AND BALL, CHTD.,
    a Professional Association; JOHN
    BIRD; ROBERT GLASSMAN;
    GLASSMAN, BIRD & BRAUN,
    a Partnership,

    No. 97-3261
    (D.C. No. 95-CV-2489 GTV)
    (D. Kan.)

    Defendants-Appellees.
    and
    CHARLES HAYNES,
    Defendant.

    ORDER AND JUDGMENT *

    Before KELLY, BARRETT, and HENRY, Circuit Judges.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of
    this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
    ordered submitted without oral argument.
    Plaintiff Elma Augustine appeals the district courts grant of summary
    judgment in favor of defendants-appellees on her professional malpractice claims
    arising out of the preparation and probate of her mothers will and trust. This
    court lacks jurisdiction over this appeal because the district court has not
    adjudicated all of the claims against all of the parties.

    See Fed. R. Civ. P. 54(b).

    The plaintiff appeals an order of the district court dismissing some, but not
    all, of the defendants. Plaintiff voluntarily dismissed the claims against one of
    the defendants without prejudice. Therefore, the order dismissing the claims
    against the defendants-appellees with prejudice is not a final order.

    See Cook v.

    Rocky Mountain Bank Note Co. , 974 F.2d 147, 148 (10th Cir. 1992). Pursuant to
    Lewis v. B.F. Goodrich , 850 F.2d 641, 645-46 (10th Cir. 1988) (en banc), this
    court gave the plaintiff fifteen days in which to obtain either a final judgment or a
    Rule 54(b) certification. The district court denied the plaintiffs motion for
    certification.

    -2-

    Accordingly, this appeal is DISMISSED. The mandate shall issue


    forthwith.

    Entered for the Court

    Paul J. Kelly, Jr.


    Circuit Judge

    -3-

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