General Motors Corporation, Etc. v. Dade Bonded Warehouse, Inc.

U.S. Court of Appeals for the Fifth Circuit
General Motors Corporation, Etc. v. Dade Bonded Warehouse, Inc., 498 F.2d 327 (5th Cir. 1974)
18 Fed. R. Serv. 2d 1547; 1974 U.S. App. LEXIS 7319

General Motors Corporation, Etc. v. Dade Bonded Warehouse, Inc.

Opinion

PER CURIAM:

In this action General Motors asserted claims against both Dade Bonded Warehouse, Inc. and Blanche R. Bergin, executrix of the estate of Cecil A. Bergin. Although the jury was charged on the various theories of liability possibly applicable to Bergin, their verdict did not mention the claim against her. Furthermore, a careful search of the record reveals that no judgment was ever entered on this claim, although the district court did deny General Motors’ motion for a new trial against Bergin. Thus the judgment fails to adjudicate all the claims and liabilities of all the parties, as required by F.R.Civ.P. 54(b). No certificate under F.R.Civ.P. 54(b) appears in the record. We therefore dismiss the appeal for want of jurisdiction. *328 11 C. Wright & A. Miller, Federal Practice and Procedure: Civil § 2781; F.R.Civ.P. 58; 28 U.S.C. § 1291. See, e. g., Anderson v. Robinson, 5 Cir. 1974, 494 F.2d 45; Foret v. McDermott, 5 Cir. 1973, 484 F.2d 992. See also, United States v. Indrelunas, 1973, 411 U.S. 216, 93 S.Ct. 1562, 36 L.Ed.2d 202; State National Bank of El Paso v. United States, 5 Cir. 1974, 488 F.2d 890.

Should the district court enter a new judgment on General Motors’ claim against Dade Bonded Warehouse, Inc., and issue the Rule 54(b) certificate, the appeal from that judgment may be submitted on the record and briefs prepared for this appeal, supplemented by the new judgment and certificate, and on the oral arguments heretofore heard.

Dismissed.

Reference

Full Case Name
GENERAL MOTORS CORPORATION, Etc., Plaintiff-Appellant, v. DADE BONDED WAREHOUSE, INC., Et Al., Defendants-Appellees
Cited By
15 cases
Status
Published