Background
Tennille Decoste appealed a district court order granting summary judgment in favor of the City of Boynton Beach. Decoste had asserted claims under Title VII of the Civil Rights Act of nineteen sixty-four, the Florida Civil Rights Act of nineteen ninety-two, and the Florida Public Whistleblower Act. While the district court granted summary judgment on four counts, Decoste had filed a stipulation to dismiss the fifth count. The district court did not rule on the fifth count, noting the stipulation.
The court’s reasoning
The court held that it lacked jurisdiction because the appeal was not from a final decision. The stipulation to dismiss the fifth count was ineffective because Federal Rule of Civil Procedure forty-one allows dismissal only for an entire action, not for an individual claim. Since the fifth count remained pending, the district court order was not final under twenty-eight United States Code section one thousand two hundred ninety-one.
What it means going forward
Litigants must ensure all claims against all parties are resolved before filing an appeal, as partial dismissals do not create finality.