Laschkewitsch v. American National Life Insurance Co. , 671 F. App'x 230 ( 2016 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2003
JOHN LASCHKEWITSCH,
Plaintiff - Appellant,
v.
AMERICAN NATIONAL LIFE INSURANCE COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:15-cv-00021-D)
Submitted: December 14, 2016 Decided: December 20, 2016
Before KING, SHEDD, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John B. Laschkewitsch, Appellant Pro Se. Kelly C. Hanley,
Gilbert Charles Laite, III, WILLIAMS MULLEN, Raleigh, North
Carolina; Joseph Ray Pope, WILLIAMS MULLEN, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
John Laschkewitsch seeks to appeal the district court’s
order granting summary judgment against him. This court may
exercise jurisdiction only over final orders, 28 U.S.C. § 1291(2012), and certain interlocutory and collateral orders, 28
U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The order
Laschkewitsch seeks to appeal, which decided the issue of
liability but made clear that the district court had yet to
conduct further proceedings to determine damages, attorney’s
fees, and costs, is neither a final order nor an appealable
interlocutory or collateral order. See Liberty Mut. Ins. Co. v.
Wetzel, 424 U.S. 737, 744 (1976); Dilly v. S.S. Kresge, 606 F.2d
62, 62-63 (4th Cir. 1979). Accordingly, we grant Appellee’s
motion to dismiss the appeal for lack of jurisdiction. We
dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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