The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by Derritt Swearington against the Federal Trade Commission. The court ruled that it lacked jurisdiction because the district court order denying a motion for default judgment was not a final or appealable interlocutory order.
Derritt Swearington, proceeding pro se, appealed a district court order that denied his motion for entry of default judgment in a case against the Federal Trade Commission.
The court’s reasoning
The court explained that it may exercise jurisdiction only over final orders under Section twelve ninety-one of Title twenty-eight and certain interlocutory or collateral orders under Section twelve ninety-two of Title twenty-eight and Rule fifty-four of the Federal Rules of Civil Procedure. The order Swearington sought to appeal was neither a final order nor an appealable interlocutory or collateral order.
What it means going forward
The dismissal reinforces the strict requirement that appellate courts generally cannot review orders denying default judgments unless those orders meet the specific criteria for finality or fall under recognized exceptions for interlocutory review.
