Hood v. Plantation General Medical Center, Ltd.
Opinion of the Court
This appeal is about the need for a final decision' — for all parties and for all claims' — -by a district court before a court of appeals can consider the merits of an appeal.
Plaintiffs Christopher Hood and Franklin Maden sued Defendant Plantation General Medical Center alleging racial discrimination in procurement activities in violation of 42 U.S.C. §§ 1981 and 2000d et seq. Plaintiffs are black businessmen engaged in securing procurement contracts for minority-owned businesses. Maden is also the principal stockholder in Micro Development Technology (“Micro”).
The district court dismissed the section 2000d claim for lack of standing and dismissed Maden as a party plaintiff on both claims (“January Order”); the only remaining viable claim was Hood’s section 1981 claim. The court also granted the parties 20 days to file an amended complaint complying with the January Order. Both Plaintiffs appealed. But Plaintiffs did not file for a Rule 54(b) certificate that would have allowed the district judge to direct express entry of a final appealable judgment.
While the first appeal was pending, a series of events occurred. First, the parties amended the complaint to add Micro as a new plaintiff; Micro also asserted a section 1981 claim. Second, the district court granted Hood’s motion to dismiss his section 1981 claim with prejudice;
Hood asserts that we have jurisdiction under 28 U.S.C. § 1291.
This circuit follows the rule established in Ryan v. Occidental Petroleum Corp., 577 F.2d 298 (5th Cir. 1978), that partial adjudication on the merits, followed by voluntary dismissal without prejudice of a pending claim, does not create a final appealable order. Id. at 302; State Treasurer of Mich. v. Barry, 168 F.3d 8, 14-16 (11th Cir. 1999) (reaffirming Ryan’s, rule as 1. consistent with 28 U.S.C. § 1291; 2. followed by two other circuits; 3. allowing district courts, not litigants, to control when and what interim orders are appealed; 4. forcing litigants to make hard choices and to evaluate seriously their cases; and 5. circuit precedent for 25 years); see also Construction Aggregates, Ltd. v. Forest Commodities Corp., 147 F.3d 1334 (11th Cir. 1998) (no jurisdiction to review order granting summary judgment against party when that party later voluntarily dismissed its counterclaim without prejudice); Mesa v. United States, 61 F.3d 20 (11th Cir. 1995) (no jurisdiction to review order dismissing some claims where plaintiff later voluntarily dismissed remaining claims without prejudice).
Ryan’s rule extends to bar jurisdiction here.
Hood attempts to distinguish Ryan and its progeny because Hood was no party to the suit when Micro dismissed its section 1981 claim without prejudice, and because Maden (Micro’s principal shareholder) has abandoned his right to appeal. These distinctions are not persuasive. The important point remains: when Hood moved to dismiss his claim, Micro — who had been added as a party in the amended complaint that Hood also joined — still had viable claims before the court; and, even later, Micro’s claim was dismissed with no prejudice. Ryan’s rule and the policy arguments in support of the rule extend to this
DISMISSED FOR LACK OF JURISDICTION.
.No interlocutory appeal is available for standing issues, absent a Rule 54(b) certification. See Citizens Concerned About Our Children v. School Bd. of Broward Co., 193 F.3d 1285, 1289-91 (11th Cir. 1999); see also Summit Medical Associates, P.C. v. Pryor, 180 F.3d 1326, 1334 (11th Cir. 1999) ("Although a district court’s standing determination conclusively resolves a disputed question and settles an important issue separate from the merits of the case, courts have recognized that the issue of standing is not effectively unreviewable on appeal from a final judgement.”).
. Hood alternatively requested a Rule 54(b) certificate.
. Section 1291 permits appeal of a district court’s final decisions. 28 U.S.C. § 1291.
. Because this case involved no third-party claims, CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325 (11th Cir. 2000), which limited Ryan's rule, does not alter our analysis.
. That Hood moved to dismiss his section 1981 claim with prejudice rather than without prejudice does not change our conclusion. The litigation as a whole still involved parties with pending claims. Complete adjudication for one party — while litigation remains pending for other parties — does not create a final judgment. See Fed.R.Civ.P. 54(b). Hood still needed to obtain Rule 54(b) certification to appeal because Micro’s section 1981 claim was still pending and, even now, has not been dismissed with prejudice.
. Because we dismiss for lack of jurisdiction, we do not consider whether the district court applied the proper test to determine standing.
Reference
- Full Case Name
- Christopher HOOD, Franklin Maden, individually and as Class Representatives v. PLANTATION GENERAL MEDICAL CENTER, LTD., a Florida Limited Partnership, Westside Medical Center, foreign corporation doing business in Florida, Columbia/HCA Healthcare Corporation
- Cited By
- 6 cases
- Status
- Published