Brothers of the Wheel M.C. Executive Council, Inc. v. Mollohan
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Appellant seeks to appeal the district court’s orders awarding nominal monetary damages and denying reconsideration but leaving its claim for attorneys fees under 15 U.S.C. § 1117(a) (2006) unresolved and denying without prejudice Appellee’s request for final judgment. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed.R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The orders Appellant seeks to appeal are neither final orders nor appeal-able interlocutory or collateral orders. See Carolina Power & Light Co. v. Dynegy Mktg. & Trade, 415 F.3d 354, 358 (4th Cir. 2005). Accordingly, we dismiss the appeal for lack of jurisdiction. We deny Appellee’s pending motions as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED.
Reference
- Full Case Name
- BROTHERS OF the WHEEL M.C. EXECUTIVE COUNCIL, INC., a West Virginia Corporation, Plaintiff-Appellant, v. Gerald R. MOLLOHAN, Defendant-Appellee, and John Does 1 Through 50, Defendants
- Status
- Unpublished