USCA11 Case: 23-10718 Document: 44-1 Date Filed: 06/26/2023 Page: 1 of 3
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10718
Non-Argument Calendar
____________________
In re: SHIRLEY WHITE-LETT,
Debtor.
___________________________________________________
SHIRLEY WHITE-LETT,
Plaintiff-Appellant,
versus
FEDERAL NATIONAL MORTGAGE ASSOCIATION,
a.k.a. Fannie Mae,
MORTGAGE ELECTRONIC REGISTRATION SYSTEM,
INCORPORATED,
(MERS),
USCA11 Case: 23-10718 Document: 44-1 Date Filed: 06/26/2023 Page: 2 of 3
2 Opinion of the Court 23-10718
MERSCORP HOLDINGS, INC.,
d.b.a. MERS,
BANK OF AMERICA, N.A.,
Defendants-Appellees,
NEWREZ, INC., et al.,
Defendants.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 4:22-cv-00082-WMR,
Bkcy No. 1:10-bk-61451-BEM
____________________
Before JORDAN, NEWSOM, and BRANCH, Circuit Judges.
PER CURIAM:
The motions to dismiss the appeal filed by Bank of America,
N.A.; MERSCOPR Holdings, Inc.; Mortgage Electronics Registra-
tion Systems, Inc.; and Federal National Mortgage Association are
GRANTED, and this appeal is DISMISSED.
Although the district court’s February 17, 2023, order re-
solved the claims against some of the defendants, it did not end the
USCA11 Case: 23-10718 Document: 44-1 Date Filed: 06/26/2023 Page: 3 of 3
23-10718 Opinion of the Court 3
litigation on the merits because the matters in the district court re-
main pending as to the Bank of New York Mellon; the Bank of New
York Mellon, Corporation; RRA CP Opportunity Trust 1; Shell-
point Mortgage Servicing; and NewRez, LLC. Thus, because the
district court did not certify the order under Federal Rule of Civil
Procedure 54(b), it is not final or otherwise immediately appeala-
ble. See
28 U.S.C. §§ 1291, 1292; Fed. R. Civ. P. 54(b); Supreme Fuels
Trading FZE v. Sargeant,
689 F.3d 1244, 1246 (11th Cir. 2012) (ex-
plaining that an order adjudicating fewer than all the claims in a
suit, or adjudicating the rights and liabilities of fewer than all the
parties, is not a final judgment from which an appeal may be taken,
unless the district court properly certifies a judgment on fewer than
all claims or parties as “final” under Rule 54(b)); CSX Transp., Inc. v.
City of Garden City,
235 F.3d 1325, 1327 (11th Cir. 2000) (“A final
decision is one which ends the litigation on the merits and leaves
nothing for the court to do but execute the judgment.”). Addition-
ally, the February 17, 2023, order is not appealable pursuant to
28
U.S.C. § 1292(a)(1) because no party sought injunctive relief in the
district court, and the order did not grant or deny such relief. See
28 U.S.C. § 1292(a)(1).
All pending motions other than the motions to dismiss are
DENIED as moot.
