Legal Opinion

Nicholas J. Capuano v. Marcella Gail Bridges, A/K/A Marcella Gail Leach

Court of Appeals for the Fifth Circuit

Decided September 5, 1973No. 73-2131PublishedCited by 3 opinions

1Per curiam

The entry of judgment in the within matter adjudicated the liabilities of fewer than all of the parties in and to the litigation. There has been no entry of final judgment by the district court upon an express determination that there is no just reason for delay as is required by Rule 54(b), F.R.Civ.Procedure. Hence, the judgment lacks the requisite finality to be appealable within the meaning of 28 U.S.C.A. § 1291. International Harvester Credit Corporation v. Belding, 5 Cir., 1972, 462 F.2d 624; Bailey v. Rowan Drilling Company, 5 Cir., 1971, 441 F.2d 57; Cook v. Eizenman, 5 Cir., 1963, 312…

2Cases cited3 opinions

  1. Fred M. Cook v. Ray EizenmanCourt of Appeals for the Fifth Circuit · 1963
  2. Rowan R. Bailey v. Rowan Drilling Company, Inc., No. 31015, Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
  3. International Harvester Credit Corporation v. Edward R. BeldingCourt of Appeals for the Fifth Circuit · 1972

3Cited by3 opinions

  1. Walter E. Heller & Co. v. O/S Sonny V.Court of Appeals for the Fifth Circuit · 1979
  2. Thomas C. Brackett v. Ealon Lambert, Chairman, Alabama Board of Pardons and Paroles, Etc.Court of Appeals for the Fifth Circuit · 1973
  3. Walter Heller and Company v. SonnyCourt of Appeals for the Fifth Circuit · 1979

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