U.S. Court of Appeals for the Fifth Circuit, 2007

Wyre v. St. Helena Parish School Board

Wyre v. St. Helena Parish School Board
U.S. Court of Appeals for the Fifth Circuit · Decided June 8, 2007 · Demoss, Stewart, Prado
243 F. App'x 2

Wyre v. St. Helena Parish School Board

Opinion

PER CURIAM: *

Appellants appeal the district court’s denial of their motion for conditional class certification pursuant to § 216(b) of the Fair Labor Standards Act. Appellees contend that we do not have jurisdiction to hear the appeal.

This Court’s jurisdiction is limited to appeals from final decisions under 28 U.S.C. § 1291, interlocutory decisions under 28 U.S.C. § 1292, non-final judgments certified as final under Federal Rule of Civil Procedure 54(b), and other non-final orders or judgments to which an exception applies. Clark v. Johnson, 278 F.3d 459, 460 (5th Cir. 2002). The denial of a § 216(b) class certification is not a final decision under § 1291, nor does it fall under the “collateral order” exception to § 1291’s final judgment rule. See Baldridge v. SBC Commc’ns, Inc., 404 F.3d 930, 931, 933 (5th Cir. 2005). Further, absent certification under § 1292(b), it is not an interlocutory decision over which we have jurisdiction. See § 1292(a). The district court did not certify its decision as final under Rule 54(b), and there is no other exception that applies to give us *4 jurisdiction. Accordingly, the appeal is DISMISSED for want of jurisdiction.

*

Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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