Belmont Place Associates v. Blyth, Eastman, Dillon & Co.
Belmont Place Associates v. Blyth, Eastman, Dillon & Co.
Opinion of the Court
After the plaintiff filed its complaint in this case, one of the defendants filed a counterclaim. The district court dismissed the plaintiff’s complaint and consolidated the counterclaim with another pending action. Plaintiff appeals from the dismissal. We conclude that the order appealed from “adjudicates fewer than all the claims” in this lawsuit, and since there has been no express determination under Fed.R. Civ.P. 54(b) that “there is no just reason for delay” we are accordingly without appellate jurisdiction.
A claim and a counterclaim constitute multiple claims under the express terms of Fed.R.Civ.P. 54(b), and a decision on only one of those claims does not constitute a final appealable order absent “an
DISMISSED.
Reference
- Full Case Name
- BELMONT PLACE ASSOCIATES v. BLYTH, EASTMAN, DILLON AND COMPANY, INC., Eastdil Realty, Inc., the Seamen's Bank for Savings, Belmont of Houston, Inc. and James L. Read, Trustee
- Cited By
- 2 cases
- Status
- Published