U.S. Court of Appeals for the Fifth Circuit, 1962

Stoudenmire v. Braxton

U.S. Court of Appeals for the Fifth Circuit · Decided March 9, 1962 · Bell, Brown, Tuttle

299 F.2d 846 (Federal Reporter, Second Series)

Counsel

Dean Boggs, Lucien H. Boggs, J. Donald Bruce, Jacksonville, Fla., Lanas Troxler, Coakley Taylor, Jacksonville, Fla., of counsel, for appellants., Earl M. Johnson, Jacksonville, Fla., Constance Baker Motley, New York City, for appellees.

Cases that cite this one

5 later published cases cite this decision.

Bradley v. Board of Public Instruction of Pinellas County (5th Cir. 1971)
Bradley v. Board of Public Instruction of Pinellas County (5th Cir. 1971)
Armstrong v. Board Of Education Of Birmingham (5th Cir. 1963)
Armstrong v. Board of Education of Birmingham (5th Cir. 1963)
Stoudenmire v. Braxton (5th Cir. 1962)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an attempt by the named appellants and others to appeal from an order entered by the district court denying the appellants the right to intervene in litigation commenced by Negro plaintiffs against the Board of Public Instruction of Duval County, Florida. The order issued by the trial court was not a final order or decision of the district court as contemplated by Section 1291 of Title 28 U.S.C.A. Nor is it the exceptional type of interlocutory order that may be appealed under Section 1292. This Court, therefore, has no jurisdiction to entertain the appeal. Although no motion to dismiss has been filed by appellees the jurisdiction of this Court must always be inquired' into by the Court on its own motion if it comes in question.

The appeal is

Dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.