USCA11 Case: 23-13059 Document: 16-1 Date Filed: 11/29/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13059
Non-Argument Calendar
____________________
DAVID SAULSBERRY,
Plaintiff-Appellant,
versus
BRITNEY ELDER,
a.k.a. FTN Bae,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 0:21-cv-62362-RS
USCA11 Case: 23-13059 Document: 16-1 Date Filed: 11/29/2023 Page: 2 of 2
2 Opinion of the Court 23-13059
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Before WILSON, GRANT, and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. David Saulsberry appeals from the district court’s August 15,
2023 paperless order striking his motion for summary judgment.
The court previously vacated a jury verdict and final judgment in
favor of Saulsberry and has set a new trial for December 4, 2023.
We lack jurisdiction over this appeal because the August 15
order is not final or otherwise appealable. See
28 U.S.C. § 1291; CSX
Transp., Inc. v. City of Garden City,
235 F.3d 1325, 1327 (11th Cir.
2000). The order is not final because Saulsberry’s claims, and the
defendant’s counterclaims, have not yet been resolved. See Supreme
Fuels Trading FZE v. Sargeant,
689 F.3d 1244, 1245-46 (11th Cir.
2012). Furthermore, the order is not otherwise appealable under
the collateral order doctrine because it would not be effectively un-
reviewable on appeal from a final judgment. See Plaintiff A v. Schair,
744 F.3d 1247, 1252-53 (11th Cir. 2014).
No petition for rehearing may be filed unless it complies
with the timing and other requirements of 11th Cir. R. 40-3 and all
other applicable rules.
