Star Insurance Co v. Livestock Prodcr Inc

U.S. Court of Appeals for the Fifth Circuit

Star Insurance Co v. Livestock Prodcr Inc

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

______________________________

No. 01-30486

STAR INSURANCE CO.

Plaintiff - Appellee

VERSUS

LIVESTOCK PRODUCERS, INC.; GEORGE RONALD STRATTON

Defendants, Appellants

RONNIE STRATTON, doing business as Livestock Producers, Inc.; LIVESTOCK PRODUCERS, INC.

Plaintiff - Appellants

VERSUS

MEADOWBROOK, INC.; ET AL

Defendants

STAR INSURANCE CO.

Defendant - Appellee

___________________________________________________

Appeal from the United States District Court For the Western District of Louisiana (99-CV-2) ___________________________________________________ November 6, 2001

Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

1 PER CURIAM:

Livestock Producers, Inc. (“LPI”) and Ronnie Stratton

(“Stratton”) (collectively referred to as the “Plaintiffs”) appeal

the district court’s decision to deny their motion for leave to

file a second amended complaint. Although the parties have not

contested this court’s jurisdiction, we are under a continuing

obligation to ensure that we have jurisdiction to hear this appeal.

MCG, Inc. v. Great Western Energy Corp.,

870 F.2d 170

, 173 (5th

Cir. 1990). Therefore, we can raise the issue sua sponte.

Id.

Under

28 U.S.C. § 1291

, we have jurisdiction over all “final

decisions” of the district court. However, in this case, it is not

clear whether the district court has entered a “final decision”

because it has not entered a final judgment. We therefore REMAND

this case back to the district court for further clarification. If

all claims have been ruled upon, the district court shall enter

final judgment.

2

Reference

Status
Unpublished