U.S. Court of Appeals for the Fifth Circuit, 1974

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

U.S. Court of Appeals for the Fifth Circuit · Decided August 5, 1974 · Thornberry, Coleman, Ainsworth

498 F.2d 327; 18 Fed. R. Serv. 2d 1547; 1974 U.S. App. LEXIS 7319 (Federal Reporter, Second Series)

Counsel

William G. Earle, Miami, Fla., for plaintiff-appellant., Harold C. Knecht, Jr., Coral Gables, Fla., for Moore Pipe & Sprinkler., Dan G. Wheeler, Jr., Miami, Fla., for Blanche R. Bergin., Hugh L. Wood, Jeanne Heyward, Miami, Fla., for Dade Bonded Warehouse.

Cases that cite this one

15 later published cases cite this decision. The 14 that cite it most often are listed here.

Coy E. Kirtland v. J. Ray McDermott & Co., Columbia Gulf Transmission Company (5th Cir. 1978)
In re Chateaugay Corporation (2d Cir. 1990)
LTV Corp. v. United Mine Workers (In re Chateaugay Corp.) (2d Cir. 1990)
LTV Steel Co. v. United Mine Workers (2d Cir. 1990)
Metallurgical Industries, Inc. v. Fourtek, Inc., a Corporation, and Irvin Bielefeldt (5th Cir. 1985)
Dyhouse v. Baylor (D.C. 1983)
Lex Tex Ltd. v. Unifi, Inc. (11th Cir. 1982)
Charles Harris, Cross-Appellant v. Goldblatt Bros., Inc., Cross-Appellee (7th Cir. 1981)
Eddie B. Strozier, on Behalf of Himself and All Others Similarly Situated v. General Motors Corporation (Lakewood Assembly Plant) (5th Cir. 1978)
Carolyn HUCKEBY, Plaintiff, v. FROZEN FOOD EXPRESS, Defendant-Appellee, v. Alice BOBO, Intervenor-Appellant (5th Cir. 1977)
BAILEY v. McCANN (5th Cir. 1976)
Bailey v. McCann (5th Cir. 1976)
General Motors Corporation v. Dade Bonded Warehouse, Inc. (5th Cir. 1975)
B. B. Adams General Contractors, Inc. v. Department of Housing and Urban Development v. James A. Pate, Modern American Mortgage Corporation (5th Cir. 1974)

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

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.

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