Sergio Perez v. City of Opa-Locka

U.S. Court of Appeals for the Eleventh Circuit

Sergio Perez v. City of Opa-Locka

Opinion

USCA11 Case: 25-13300 Document: 19-1 Date Filed: 12/18/2025 Page: 1 of 3

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-13300 Non-Argument Calendar ____________________

SERGIO PEREZ, Plaintiff-Appellant, versus

CITY OF OPA-LOCKA, a municipality within the State of Florida, STEVEN BARREIRA, individually, MICHAEL STEEL, individually GERMAN BOSQUE, individually DANIEL KELLY, individually, et al. , Defendants-Appellees, SCOTT ISRAEL, individually, USCA11 Case: 25-13300 Document: 19-1 Date Filed: 12/18/2025 Page: 2 of 3

2 Opinion of the Court 25-13300

Defendant. ____________________ Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:24-cv-23636-EA ____________________

Before JILL PRYOR, GRANT, and KIDD, Circuit Judges. PER CURIAM: Sergio Perez filed a notice of appeal from the district court’s August 21, 2025, omnibus order granting a motion to dismiss and granting in part and denying in part another motion to dismiss. We lack jurisdiction over Perez’s appeal because the district court’s August 21 order is not final, as four of Perez’s claims remain pending, and the district court did not certify it for immediate ap- peal. See 28 U.S.C. § 1291 (providing that appellate jurisdiction is generally limited to “final decisions of the district courts”); Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022) (explaining that an appealable final order ends the litigation on the merits and leaves nothing for the court to do but execute its judgment); Su- preme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (explaining that an order that disposes of fewer than all claims against all parties to a civil action is not final or immediately appealable absent certification by the district court pursuant to Fed- eral Rule of Civil Procedure 54(b)). Moreover, the order concerned the merits of Perez’s claims, rather than collateral issues, and is ef- fectively reviewable on appeal from a final judgment resolving the USCA11 Case: 25-13300 Document: 19-1 Date Filed: 12/18/2025 Page: 3 of 3

25-13300 Opinion of the Court 3

entire case on the merits. See Plaintiff A v. Schair, 744 F.3d 1247, 1252–53 (11th Cir. 2014) (explaining that a ruling that does not con- clude the litigation may be appealed under the collateral order doc- trine if it conclusively resolves an important issue collateral to the merits and is effectively unreviewable on appeal from a final judg- ment). Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED AS MOOT.

Reference

Status
Unpublished