Kirk v. Universal Underwriters of Texas Insurance , 297 F. App'x 384 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 23, 2008
No. 08-30494 Charles R. Fulbruge III
Summary Calendar Clerk
Danny Kirk
Plaintiff-Appellant
v.
Universal Underwriters of Texas Insurance Company
Defendant-Appellee
Appeal from the United States District Court
For the Western District of Louisiana
2:06-CV-1528
Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
On April 2, 2008, in Kirk v. Universal Underwriters of Texas Insurance
Company, No. 08-30273, a panel of this court rejected appellant’s attempt to
appeal the lower court’s grant of summary judgment as to appellee, explaining
that it lacked jurisdiction.1 The substance of its opinion applies with full force
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
1
“‘Federal appellate courts do not have jurisdiction over orders or judgments that do
not dispose of the litigation in the district court.’ See 28 U.S.C. §§ 1291 and 1292. Such orders
include, but are not limited to, orders dismissing fewer than all of the claims or parties in the
No. 08-30494
to this attempt at an appeal. Accordingly, this appeal must be and is
DISMISSED.
litigation, except where the district court has certified the order for appeal under Fed. R. Civ.
P. 54(b). See Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir. 1985) (an order dismissing
fewer than all of the parties is not appealable absent Rule 54(b) certification). The district
court has not so certified the judgment in the instant appeal. Accordingly, the appeal must be
dismissed for lack of jurisdiction.” Slip. op. at 1-2.
2