Ditech Financial, LLC v. AIG Specialty Insurance Company

USCA11 Case: 21-13510 Document: 58-1 Date Filed: 01/23/2023 Page: 1 of 3

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 21-13510

____________________

DITECH FINANCIAL, LLC,

Plaintiff-Counter Defendant-Appellant, versus AIG SPECIALTY INSURANCE COMPANY,

Defendant-Appellee, STARR INDEMNITY & LIABILITY COMPANY,

Defendant-Counter Claimant-Appellee. ____________________

USCA11 Case: 21-13510 Document: 58-1 Date Filed: 01/23/2023 Page: 2 of 3 2 Opinion of the Court 21-13510

Appeal from the United States District Court for the Middle District of Florida

D.C. Docket No. 8:20-cv-00409-WFJ-AEP ____________________

Before BRANCH and LUCK, Circuit Judges, and ANTOON,∗ District Judge.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Ditech Financial, LLC appeals from the district court’s Sep- tember 20, 2021 order granting the joint motion for summary judg- ment filed by AIG Specialty Insurance Company and Starr Indem- nity & Liability Company. However, that order did not resolve Starr’s counterclaim against Ditech for reformation of Starr’s insur- ance policy. Because the appealed order did not resolve all claims as to all parties, it is not final. And because the district court did not certify its ruling for immediate review under Federal Rule of Civil Procedure 54(b) or 28 U.S.C. § 1292(b), the order is not an appealable interlocutory order either. We therefore lack jurisdic- tion over this appeal. See 28 U.S.C. §§ 1291, 1292(b); Fed. R. Civ. P. 54(b); Lloyd Noland Found., Inc. v. Tenet Health Care Corp., 483 F.3d 773, 777 (11th Cir. 2007) (“[A]n order adjudicating fewer than all the claims in a suit, or adjudicating the rights and liabilities ∗ The Honorable John Antoon II, United States District Judge for the Middle District of Florida, sitting by designation.

USCA11 Case: 21-13510 Document: 58-1 Date Filed: 01/23/2023 Page: 3 of 3 21-13510 Opinion of the Court 3 of fewer than all the parties, is not a final judgment from which an appeal may be taken.”).

The Joint Motion for Relinquishment of Jurisdiction, If Nec- essary, to Perfect Jurisdiction, is DENIED. No motion for recon- sideration may be filed unless it complies with the timing and other requirements of 11th Cir. R. 27-2 and all other applicable rules.