Raymond Rathka v. Jay Fishman, an Individual and Equity Management and Research, a Michigan Corporation, Jointly and Severally, Martin Trepel

U.S. Court of Appeals for the Sixth Circuit October 21, 1986

Raymond Rathka v. Jay Fishman, an Individual and Equity Management and Research, a Michigan Corporation, Jointly and Severally, Martin Trepel, 805 F.2d 1036 (6th Cir. 1986)

1986 U.S. App. LEXIS 32484; 1986 WL 18156

Opinion

805 F.2d 1036

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Raymond RATHKA, Plaintiff-Appellee,
v.
Jay FISHMAN, an individual and Equity Management and
Research, a Michigan corporation, jointly and
severally, Defendants-Appellants,
Martin Trepel, Defendant.

No. 86-1874.

United States Court of Appeals, Sixth Circuit.

Oct. 21, 1986.

Before JONES, KRUPANSKY and NELSON, Circuit Judges.

ORDER

Rathka moves to dismiss this appeal from the district court's order of September 16, 1986. The order affirmed a magistrate's ruling, denying appellants' motion to disqualify Rathka's trial counsel. Appellants did not file a response.

This Court has jurisdiction of appeals from "final decisions," which ordinarily requires that a party raise all claims of error in a single appeal following a final judgment on the merits. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981). There has been no trial, hence no final judgment on the merits. Furthermore, since this order is reviewable on appeal from a final judgment, it does not fall within the "collateral order" exception, which would subject it to immediate review. Id. at 379. See also Richardson-Merrell, Inc. v. Koller, 472 U.S. ---, 105 S.Ct. 2757 (1985); Flanagan v. United States, 465 U.S. 259 (1984).

It is ORDERED that the motion to dismiss is granted.

Reference

Status: Unpublished