Plaintiff Abraka Okposio, proceeding pro se, sued Barry University, Inc., and several employees alleging 35 claims under Florida law for fraudulent misrepresentation, gross negligence, and vicarious liability. The district court entered an order on March 5, 2025, dismissing some counts while denying dismissal for others. While a Rule 60 motion to vacate the dismissal of certain claims was pending, the district court dismissed one defendant for failure to perfect service, resolving some counts but leaving others active. On February 4, 2026, the district court denied Okposio's Rule 60 motion. Okposio appealed that denial, but the Eleventh Circuit found it lacked jurisdiction to hear the case at that stage.
The court analyzed whether the district court's order was final and appealable under 28 U.S.C. § 1291. The opinion explains that the March 5, 2025 and May 8, 2025 orders were not final because they did not dispose of all claims or parties. Consequently, the February 4, 2026 order denying the Rule 60 motion was also not final. The court cited Supreme Fuels Trading FZE v. Sargeant, noting that an order disposing of fewer than all claims is not final unless the district court certifies it for immediate review under Fed. R. Civ. P. 54(b). The court further determined the order did not qualify as an immediately appealable interlocutory order under the collateral order doctrine. As the court stated, an order is not appealable under this doctrine if it does not resolve an issue completely separate from the merits or if the issue can be effectively reviewed upon appeal from a final judgment. The court concluded that the order contemplated further substantive proceedings and was therefore not final.
The appeal is dismissed without prejudice to the merits. Okposio must await a final judgment in the district court that resolves all claims and parties before seeking appellate review. The decision reinforces the strict requirement that federal appellate courts generally lack jurisdiction over non-final orders unless specific certification or statutory exceptions apply.