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.