U.S. Court of Appeals for the Sixth Circuit, 1970

Dennis D. Donovan v. Hayden, Stone, Inc.

U.S. Court of Appeals for the Sixth Circuit · Decided November 27, 1970 · Phillips, Edwards, Miller

434 F.2d 619; 14 Fed. R. Serv. 2d 895; 1970 U.S. App. LEXIS 6210 (Federal Reporter, Second Series)

Counsel

Paul L. Westerfield, Cincinnati, Ohio, for plaintiff-appellant; Westerfield & Ogden, Cincinnati, Ohio, on brief., Charles H. Tobias, Jr., Cincinnati, Ohio, for defendant-appellee; Steer, Strauss, White & Tobias, Cincinnati, Ohio, on brief.

Cases that cite this one

52 later published cases cite this decision. The 23 that cite it most often are listed here.

Headrick v. Toledo Trust Co. (6th Cir. 1986)
Jean Knafel Karen Wuchich v. Pepsi Cola Bottlers of Akron, Inc. Stanley Levin James Davis and General Cinema Corporation (6th Cir. 1988)
William B. Richardson v. United States of America (3d Cir. 1972)
Cecil v. Kentucky Community and Technical College System (District Court, E.D. Kentucky 2020)
United States v. $525,695.24, Seized From JPMorgan Chase Bank Investment Account XXXXXXXX (6th Cir. 2017)
Whiteside v. Wilkinson (6th Cir. 2001)
Agristor Leasing v. Mohr (6th Cir. 1990)
Platsis v. E.F. Hutton & Co., Inc. (6th Cir. 1989)
Kirchgessner v. United States (3d Cir. 1989)
Collinwood Shale Brick & Supply Co. v. Greater Cleveland Regional Transit Authority (6th Cir. 1989)
McCarthy v. Foltz (6th Cir. 1989)
Adela Val Verde v. State of Michigan Department of Civil Rights, Edward Chasting (6th Cir. 1988)
Linda Jane Robinson, and Jane McKinley v. Kidder, Peabody & Co., Inc., a Delaware Corporation, Terry Cross (6th Cir. 1988)
Charles R. Crable v. Ohio Bell Telephone Co. (6th Cir. 1988)
Clarence Wells v. United States Steel and Carnegie Pension Fund, Inc. (6th Cir. 1988)
Atec, Inc. v. Frank v. Carlow (6th Cir. 1988)
Lucas v. Bowen (6th Cir. 1988)
John C. Vance, Administrator of the Estate of Patricia L. Vance, Deceased v. George Wilson, Commissioner Corrections Cabinet, Commonwealth of Kentucky (6th Cir. 1988)
Roger Roger Wittrup, ED.D, Inc. v. Human Affairs Intern., Inc. (6th Cir. 1988)
Kenny v. Block (6th Cir. 1988)
Bannister Bank & Trust v. American Title Insurance Co. v. Maxie Higgason Thor Bahrman, Third-Party (3d Cir. 1988)
Yojna, Inc. v. American Medical Data Systems, Inc. (3d Cir. 1988)
Joseph Simonetti v. Bill Carney, Building Commissioner, Bill Kapel, City of Euclid Defendant- Angela Petsanis Tom Petsanis (6th Cir. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

We dismiss the appeal in this case sua sponte because the decision of the District Court is not a final appealable order.

An Ohio State court rendered judgment against appellant, Donovan, and in favor of appellee, Hayden, Stone, Inc., on *620 a promissory note. In connection with the transaction involving the note, Hayden, Stone initiated an involuntary bankruptcy proceeding against Donovan, which was dismissed. All of the relief sought by Donovan against Hayden, Stone in the present case grows out of circumstances incident to these transactions, including a claim for damages for malicious prosecution.

Hayden, Stone moved to strike and dismiss the complaint. The District Judge granted the motion in part and struck certain paragraphs. The motion to dismiss the claimed malicious prosecution of the involuntary bankruptcy proceeding was denied, and that part of the proceeding remains pending in the District Court.

Donovan appeals from those parts of the order of the District Court striking other paragraphs of the complaint.

Under 28 U.S.C. § 1291, the Court of Appeals has jurisdiction only from final decisions of the United States District Courts. A judgment is final for purposes of appeal when it terminates all issues presented in the litigation on the merits and leaves nothing to be done except to enforce by execution what has been determined. Heike v. United States, 217 U.S. 423, 429, 30 S.Ct. 539, 54 L.Ed. 821; St. Louis, Iron Mountain & S. R.R. Co. v. Southern Express Co., 108 U.S. 24, 28, 2 S.Ct. 6, 27 L. Ed. 638; City of Louisa v. Levi, 140 F. 2d 512 (6th Cir.).

By the enactment of 28 U.S.C. § 1291, the Congress has expressed its policy against piecemeal appeals. This policy has been applied repeatedly by the Supreme Court and by this Court. Switzerland Cheese Association v. E. Horne’s Market, 385 U.S. 23, 24, 87 S.Ct. 193, 17 L.Ed.2d 23; Andrews v. United States, 373 U.S. 334, 83 S.Ct. 1236, 10 L.Ed.2d 383; Baltimore Contractors, Inc. v. Bodinger, Inc., 348 U.S. 176, 75 S.Ct. 249, 99 L.Ed. 233; McLish v. Roff, 141 U.S. 661, 12 S.Ct. 118, 35 L. Ed. 893; Gulf States Paper Corp. v. Johnson, 269 F.2d 835 (6th Cir.).

The order of the District Court in the present case does not come within the provisions of Rule 54(b), Fed. R.Civ.P. The District Court did not make “an express determination that there is no just reason for delay” or “an express direction for the entry of the judgment.” Accordingly the order is not appealable and the appeal must be dismissed. Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 76 S.Ct. 895, 100 L.Ed. 1297; Business Communications, Inc. v. Cahners Publishing Co., 420 F. 2d 535 (6th Cir.); Partin v. Hassan Motors, Inc., 363 F.2d 104 (6th Cir.); Woodby v. Chesapeake & Ohio R.R. Co., 345 F.2d 668 (6th Cir.).

The appeal is dismissed without prejudice to the right of parties to raise on any future appeal from a final judgment all issues which they have undertaken to raise on the present appeal.

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