11th Cir.

Cameron Thierry v. Serta Simmons Bedding, LLC

April 17, 2026 ·1:23-cv-00279-MHC-JEM ·Per Curiam · By Raj Patel

The United States Court of Appeals for the Eleventh Circuit dismissed this appeal sua sponte for lack of jurisdiction. The court found that the district court's order was not final because it did not dispose of all claims in the case.

Background

Cameron Thierry appealed from the district court’s January twenty, two thousand twenty-six order dismissing Counts One, Two, Three, and Six of his second amended complaint. However, Counts Four and Five were not dismissed at that time.

The court’s reasoning

The court held that an order disposing of fewer than all claims is not final or immediately appealable unless the district court certifies the order for immediate review. The district court did not certify its order under Rule fifty-four B or Section twelve ninety-two B of Title twenty-eight of the United States Code. The court cited Supreme Fuels Trading FZE versus Sargeant and Freyre versus Chronister to support the conclusion that the order contemplated further substantive proceedings.

What it means going forward

The appeal is terminated without a decision on the merits, and all pending motions are denied as moot.