Cole v. Tuttle
Cole v. Tuttle
Opinion of the Court
Appellee members of a county Board of Supervisors in Mississippi, previously dismissed from this action brought by appellants to correct alleged abuses in the county prison system, claim we lack subject-matter jurisdiction over them because appellants failed to file timely notice of appeal. We agree and dismiss appellants’ claim against appellees.
Appellants filed suit in mid-1973 against appellees and others. In November 1973, the district court entered an interlocutory order dismissing these appellees from the case.
Even though the October order denying injunctive relief was an appealable interlocutory order under 28 U.S.C. § 1292(a) (1970), the judge’s 1973 order dismissing appellees was interlocutory and thus was not appealable until the litigation . ended in December 1975. Appellants claim 28 U.S.C. § 1291 (1970) jurisdiction over the 1973 order under the authority of Jeteo Electronic Industries, Inc. v. Gardiner, 473 F.2d 1228 (5th Cir. 1973), which held that while an order dismissing claims against one of several defendants is not a “final judgment,”
DISMISSED.
. Cole v. Tuttle, 366 F.Supp. 1252 (N.D.Miss. 1973).
. On the previous day, appellants had filed a motion for certification to appeal under 28 U.S.C. § 1292(b) (1970) on the two questions ruled on by the lower court in its two October 30 orders. The lower court certified appellants appeal on the same day, but appellants failed to file their application with this court within the ten-day time limit required by section 1292(b) and Rule 5(a), Fed.R.App.P. Failure to file within the prescribed time is a jurisdictional defect, Alabama Labor Council v. Alabama, 453 F.2d 922 (5th Cir. 1972), as appellants appear to concede.
. In a multiparty suit a judgment is not final unless it adjudicates the claims or the rights and liabilities of all the parties or expressly determines that there is no just reason for delay and expressly directs the entry of a judgment. Rule 54(b), Fed.R.Civ.P.; see Foret v. McDermott, 484 F.2d 992 (5th Cir. 1973); Jeteo, supra at 1231.
Reference
- Full Case Name
- Roosevelt COLE, and all others similarly situated v. Forrest TUTTLE, Sheriff of Panola County, Mississippi, Individually and in his official capacity as Sheriff of Panola County, Mississippi, and his agents, subordinates and employees, Horace Mathews, Bill Knox, J. B. Anderson, Nick Aldridge and James Travis, Individually and in their official capacities as members of the Board of Supervisors of Panola County, Mississippi
- Cited By
- 13 cases
- Status
- Published