Jerry E. Hardin v. M/v Ben Candies, Otto Candies, Inc. And/or Humble Oil & Refining Company

U.S. Court of Appeals for the Fifth Circuit
Jerry E. Hardin v. M/v Ben Candies, Otto Candies, Inc. And/or Humble Oil & Refining Company, 549 F.2d 395 (5th Cir. 1977)
1977 U.S. App. LEXIS 14126; 1977 A.M.C. 1486

Jerry E. Hardin v. M/v Ben Candies, Otto Candies, Inc. And/or Humble Oil & Refining Company

Opinion

PER CURIAM:

In this action Jerry E. Hardin seeks damages from Otto Candies, Inc. and Exxon Corporation for damages allegedly resulting from a March 20,1971 accident on the high seas. Hardin asserts three causes of action, *396 based on the Jones Act, general maritime law, and maintenance and cure.

The district court granted summary judgment against Hardin on the Jones Act claim, relying upon the statute of limitations. Hardin attempts to appeal that decision.

When more than one claim for relief is involved in an action, the resolution of a single claim is not appealable unless the district court expressly determines that there is no just reason for delay and expressly directs.the entry of judgment. See Fed.R.Civ.P. 54(b). The district court made no such determination or direction here, and the order disposing of one of the three claims at issue is therefore not appealable. Although the parties have not raised the issue, we must dismiss the appeal for lack of jurisdiction.

Appeal DISMISSED.

Reference

Full Case Name
Jerry E. HARDIN, Plaintiff-Appellant, v. M/V BEN CANDIES, Defendant, Otto Candies, Inc. and/or Humble Oil & Refining Company, Defendants-Appellees
Cited By
9 cases
Status
Published