Plaintiffs Robert Andris and Avondale Decor, LLC appealed a district court order from the Middle District of Florida that dismissed specific counts (I, III, V, VI, and VIII) of their second amended complaint against Defendant Capital Solutions Bancorp, LLC. However, the district court's order did not dismiss all counts; Counts II, IV, and VII remained pending in the case. The district court also instructed the clerk to withhold judgment until the conclusion of the entire case and did not issue a certification for immediate review.
The court held that it lacked jurisdiction to hear the appeal because the district court's order was not final. Under 28 U.S.C. § 1291, appellate courts generally only have jurisdiction over final decisions. The court explained that an order disposing of fewer than all claims is not final unless the district court explicitly certifies it for immediate review under Fed. R. Civ. P. 54(b). In this instance, the district court failed to certify the order under Rule 54(b) or 28 U.S.C. § 1292(b). The court cited Supreme Fuels Trading FZE v. Sargeant and Freyre v. Chronister to establish that an order contemplating further substantive proceedings is not final and appealable. Since Counts II, IV, and VII were still active, the order was not a final decision.
The appeal is dismissed, meaning the case returns to the district court for further proceedings on the remaining counts. The appellants cannot pursue appellate review until the district court enters a final judgment disposing of all claims and parties, or until the district court properly certifies a partial judgment under Rule 54(b).