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Johnson v. McDole

Ralph A. JOHNSON v. Hayes McDOLE

Johnson v. McDole, 526 F.2d 710 (5th Cir. 1976)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
February 2, 1976
Docket
No. 75-3724
Judges
Dyer, Gewin, Goldberg
Citations
526 F.2d 71021 Fed. R. Serv. 2d 4021976 U.S. App. LEXIS 13041

Opinion of the Court — Per Curiam

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM:

Johnson seeks enforcement of a California judgment against McDole. McDole challenges the jurisdiction of the California court. The district court held the California judgment valid, but stayed execution until a counterclaim by McDole against Johnson for breach of a contract factually related to the California judgment could be heard and determined. As far as the record shows, the merits of the counterclaim have not yet been considered.

Although the issue has not been raised by the parties, we conclude that this court is without jurisdiction to entertain this case. The claim of Johnson and the counterclaim of McDole constitute multiple claims within the meaning of Fed.R. Civ.P. 54(b). A decision on one of the claims does not constitute a final appeal-able order unless the district court makes “an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.” Fed.R.Civ.P. 54(b). No such entry or determination has been made by the district court. Hence, the judgment lacks the requisite finality to be appealable within the meaning of 28 U.S.C.A. § 1291 . Anderson v. Robinson, 5 Cir. 1974, 494 F.2d 45 ; Luckett v. Spivy, 5 Cir. 1974, 490 F.2d 87 ; United States v. Crow, Pope and Land Enterprises, Inc., 5 Cir. 1973, 474 F.2d 200 ; Coulter v. Sears, Roebuck and Co., 5 Cir. 1969, 411 F.2d 1189 ; Tompkins Motor Lines v. Georgia Broilers, Inc., 5 Cir. 1958, 260 F.2d 830 .

Appeal dismissed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1978: 11980: 11982: 11989: 21994: 11999: 12026: 119782026peak 1989 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
United States v. Crow, Pope & Land Enters., 474 F.2d 200 (5th Cir. 1973) 27
Glenn Earl Coulter & Wife Eldera Coulter v. Sears, Roebuck & Co. v. Warwick Electronics, 411 F.2d 1189 (3d Cir. 1969) 11
Tompkins Motor Lines, Inc. v. Ga. Broilers, Inc., 260 F.2d 830 (5th Cir. 1958) 8
Katie Ruth Anderson v. J. T. Robinson, 494 F.2d 45 (5th Cir. 1974) 6
Luckett v. Spivy, 490 F.2d 87 (5th Cir. 1974) 1

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