U.S. Court of Appeals for the Fifth Circuit, 1971

Edward L. Esneault v. Waterman Steamship Corporation

U.S. Court of Appeals for the Fifth Circuit · Decided October 26, 1971 · Gewin, Goldberg, Dyer

449 F.2d 1296; 1971 U.S. App. LEXIS 7423; 1972 A.M.C. 2119 (Federal Reporter, Second Series)

Counsel

Darryl J. Tschirn, New Orleans, La., for plaintiff-appellant., Thomas W. Thorne, Jr., Lemle, Kelle-her, Kohlmeyer, Matthews & Schumacher, Gothard J. Reck, New Orleans, La., for defendant-appellee.

Cases that cite this one

8 later published cases cite this decision.

Mann v. Hutchinson (10th Cir. 1999)
Spina v. Forest Preserve District of Cook County (District Court, N.D. Illinois 2002)
Sheffield v. Larsen (10th Cir. 1998)
Paul Sheffield v. Bill Larsen, Individually and in His Official Capacity Brad Blair, Individually and in His Official Capacity (10th Cir. 1998)
Carlson v. Locatelli (Nev. 1993)
Amy Barkoo v. Brian Melby, Individually and in His Capacity as Communications Coordinator of the Village of Skokie (7th Cir. 1990)
Hairlox Co., Inc. v. McDonald (D.C. 1989)
Martinez v. Winner (United States District Court for the District of Colorado 1982)

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

BY THE COURT:

Appellee’s motion to dismiss this . appeal for lack of jurisdiction is granted. The granting of a motion for a mistrial is not a final order which terminates the litigation on the merits and leaves nothing to be done but to enforce by execution what has been determined. Gilmore v. United States, 5 Cir. 1959, 264 F.2d 44, 45. Finality is necessary to bring the order within our appellate jurisdiction under 28 U.S.C.A. § 1291.

Dismissed.

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