The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by Ronald Satish Emrit because it was premature. The court held that it lacks jurisdiction to hear cases before a final order is entered by the district court.
Background
Ronald Satish Emrit filed a civil complaint and subsequently filed a notice of appeal in the United States District Court for the Middle District of North Carolina. The appeal was filed almost four months after the complaint was filed, but before the district court had entered any orders.
The court’s reasoning
The court explained that it may exercise jurisdiction only over final orders under Section twenty-eight U.S.C. one two nine one and certain interlocutory and collateral orders under Section twenty-eight U.S.C. one two nine two. Emrit did not seek to appeal a final order or an appealable interlocutory or collateral order. Consequently, the court found it lacked jurisdiction to proceed.
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of the underlying civil case until a final judgment or appealable order is issued by the district court.
