Data Technology Group, Inc. filed an amended complaint alleging claims against four defendants: Ranela Consulting, Inc., Capital Data Analytics, Inc., and Kyle Frye individually. On September 18, 2025, the United States District Court for the Northern District of Georgia granted a motion to dismiss filed by two of those defendants. Data Technology Group immediately appealed that order to the Eleventh Circuit. However, the district court had not certified the order for immediate review, and claims against the other two defendants remained active in the lower court.
The Eleventh Circuit, in a Per Curiam opinion, held that it lacked jurisdiction to hear the appeal. Under 28 U.S.C. § 1291, the court has jurisdiction only over 'final decisions of the district courts.' The court explained that a final decision is one that 'ends the litigation on the merits and leaves nothing for the court to do but execute its judgment.' Because the district court's order only dismissed claims against two defendants while the amended complaint against the remaining defendants was still pending, the order was not final. The court further noted that the order was not appealable under the interlocutory review statute, 28 U.S.C. § 1292(b), because the district court did not certify it. Additionally, the order did not qualify for review under Federal Rule of Civil Procedure 54(b), which allows for final judgment as to fewer than all parties or claims only if the court expressly determines there is no just reason for delay. The court also rejected the possibility of review under the collateral order doctrine, citing Plaintiff A v. Schair, noting that the ruling was effectively reviewable on appeal from a final judgment once the remaining claims were resolved.
The appeal is dismissed without reaching the merits of the dismissal order. Data Technology Group must wait until the district court enters a final judgment resolving all claims against all remaining defendants before appealing the partial dismissal. This reinforces the strict application of the final judgment rule in the Eleventh Circuit, requiring parties to ensure all claims are resolved or properly certified before seeking appellate review.