Andrea M. Smith v. American Honda Motor Co., Inc.

U.S. Court of Appeals for the Eleventh Circuit

Andrea M. Smith v. American Honda Motor Co., Inc.

Opinion

USCA11 Case: 25-12608 Document: 27-1 Date Filed: 10/14/2025 Page: 1 of 3

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12608 Non-Argument Calendar ____________________

ANDREA N. SMITH, Personal Representative of the Estate of Angela H. Purnell, TIFFANY S. GAILES, Personal Representative of the Estate of Paul Raven Purnell, Plaintiffs- Appellants, versus

HANNIGAN FAIRING CO., LTD, d.b.a. Hannigan Motor Sports, et al., Defendants, AMERICAN HONDA MOTOR CO., INC., Defendant-Appellee. USCA11 Case: 25-12608 Document: 27-1 Date Filed: 10/14/2025 Page: 2 of 3

2 Opinion of the Court 25-12608 ____________________ Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 6:23-cv-00757-AMM ____________________

Before JORDAN, ROSENBAUM, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Andrea Smith and Tiffany Gailes appeal the district court’s February 26, 2025 order granting summary judgment in favor of Dodd Sales, LLC (“Dodd”) and its July 9, 2025 order denying the plaintiffs’ motion for reconsideration of the summary judgment ruling. The plaintiffs originally filed their complaint against Dodd, American Honda Motor Co., Inc. (“Honda”), and a third defend- ant, asserting various tort and breach of warranty claims. The plaintiffs’ breach of warranty claim against Honda is the only claim remaining before the district court. We lack jurisdiction over the plaintiffs’ appeal because the February 26 and July 9 orders are not final and appealable. Those orders did not end the litigation on the merits—the breach of war- ranty claim against Honda remains pending—and the district court did not certify either of them for immediate appeal. See 28 U.S.C. § 1291; CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (noting that an order that disposes of fewer than all claims against all parties is not immediately appeala- ble absent certification pursuant to Fed. R. Civ. P. 54(b)). Further, USCA11 Case: 25-12608 Document: 27-1 Date Filed: 10/14/2025 Page: 3 of 3

25-12608 Opinion of the Court 3

neither order is appealable now under the collateral order doctrine because they are not effectively unreviewable on appeal from the final judgment. See Plaintiff A v. Schair, 744 F.3d 1247, 1253 (11th Cir. 2014) (explaining that an order that does not conclude the liti- gation may be appealed under the collateral order doctrine if it, in- ter alia, is effectively unreviewable on appeal from a final judg- ment).

Reference

Status
Unpublished