Case Explained: Non-Argument Calendar TENNILLE DECOSTE v. THE CITY OF BOYNTON BEACH a Florida Municipal corporation

Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-07-02

Docket: 9:24-cv-81529-MD

The eleventh-circuit dismissed the appeal sua sponte for lack of jurisdiction because the district court’s order was not a final, appealable decision. The court held that although the plaintiff filed a stipulation to dismiss Count V (the Florida Public Whistleblower Act claim) pursuant to Federal Rule of Civil Procedure 41, this dismissal was ineffective as it addressed only one of five pending claims rather than the entire action or all claims against the defendant. Under 28 U.S.C. § 1291 and controlling Eleventh Circuit precedent, an appeal may only be taken from a final decision that disposes of all claims; because Count V remained unresolved, the district court’s summary judgment ruling on Counts I through IV was not final. Consequently, the appellate court lacks authority to review the case at this time, leaving the underlying litigation in the district court pending resolution of the remaining claim.

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