This dispute originated in the United States District Court for the Southern District of Florida, involving a lawsuit between Frederic Block and David Matesic. The parties filed cross-motions for summary judgment, which the district court granted on June 30, 2025. Block also appealed an order striking his motion for reconsideration. However, the case involved a third-party claim filed by defendant Joshua Gerstin against The Palms 2100 Tower One Condominium Association, Inc. Although the June 30 order referred to this third-party claim as moot, the district court later clarified in a separate paperless order that the claim was still active. Because this third-party claim had not been resolved, the litigation was not complete.
The court addressed whether it had jurisdiction to hear the appeals. Under 28 U.S.C. § 1291, appellate courts have jurisdiction only over appeals from final decisions of district courts. The court defined a final decision as one that ends the litigation on the merits. Citing CSX Transp., Inc. v. City of Garden City and Supreme Fuels Trading FZE v. Sargeant, the Eleventh Circuit explained that a ruling disposing of fewer than all claims of all parties is not final. The court found that the district court's June 30 order did not resolve all claims because the third-party complaint against the condominium association remained live. The case did not become final until the district court entered a subsequent order dismissing that third-party complaint. Consequently, the appeals were premature.
The appeals are dismissed without a decision on the merits of the summary judgment. The parties must wait for the district court to fully resolve all claims, including the third-party claim, before an appeal can be properly taken. All pending motions in the appellate court are denied as moot.