Skye Musson v. Shalena Jones

U.S. Court of Appeals for the Eleventh Circuit

Skye Musson v. Shalena Jones

Opinion

USCA11 Case: 23-13898 Document: 10-1 Date Filed: 12/20/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 23-13898 Non-Argument Calendar ____________________

SKYE ELLEN MUSSON, Plaintiff-Appellee, versus SHALENA COOK JONES, in her individual and official capacities,

Defendant-Appellant,

CHATHAM COUNTY, GEORGIA, et al.,

Defendants. USCA11 Case: 23-13898 Document: 10-1 Date Filed: 12/20/2023 Page: 2 of 2

2 Opinion of the Court 23-13898

____________________

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 4:22-cv-00124-RSB-CLR ____________________

Before Wilson, Rosenbaum, and Grant, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Shalena Cook Jones appeals from the district court’s order that struck Jones’s answer, entered default against her, and awarded Skye Musson all reasonable costs, attorney’s fees, and ex- penses as a sanction for discovery obligations. We lack jurisdiction to review the court’s sanction order because it did not determine the amount of costs, attorney’s fees, and expenses for which Jones is responsible, and it is therefore not final and appealable. See 28 U.S.C. § 1291; PlayNation Play Sys., Inc. v. Velex Corp., 939 F.3d 1205, 1212 (11th Cir. 2019). Additionally, the sanction order is not im- mediately appealable under the collateral order doctrine because it did not conclusively determine the disputed question of the amount for which Jones is responsible. See Plaintiff A v. Schair, 744 F.3d 1247, 1253 (11th Cir. 2014). No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.

Reference

Status
Unpublished