Humphries v. Personal Care Group ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30071
Summary Calendar
PEARL HUMPHRIES; DOCK HUMPHRIES,
Plaintiffs-Appellants,
versus
PERSONAL HEALTH CARE GROUP, INC.,
Defendant-Appellee.
Appeal from the United States District Court
for the Western District of Louisiana
(98-CV-1982)
October 28, 1999
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Personal Health Care Group, Inc., removed this diversity case
to the district court, and the Humphries appeal the district
court's denial of their motion to remand to state court. This
order is the sole matter the Humphries appeal, and there has been
no other order in this case that is subject to appeal. Standing
alone, an order denying a motion to remand is not a final order
appealable of right. See, e.g., Aucoin v. Matador Services, Inc.,
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
749 F.2d 1180 (5th Cir. 1985). The district court's order was not
certified, and the Humphries did not petition under Fed. R. App. P.
5(a) for permission to appeal under our discretionary appellate
jurisdiction. Accordingly, this appeal is DISMISSED for want of
jurisdiction.
2