Legal Opinion

Capdeboscq v. Francis

Court of Appeals for the Fifth Circuit

Decided May 14, 2004No. 03-30914Unpublished

1Per curiam

This appeal arose from the district court’s denial of the appellants’ motion to stay trial proceedings pending resolution of a unrelated criminal case. Ordinarily, this Court’s jurisdiction is limited to the review of “final decisions of the district courts of the United States ... except where a direct review may be had in the Supreme Court.” 2 Because an order denying a motion to stay is not a final judgment, this Court must first examine the basis for appellate jurisdiction.

Appellate Jurisdiction

The appellants, Joseph R. Francis and Mantra Films, Inc., maintain appellate jurisdiction…

2Cases cited5 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Marchetti v. United StatesSupreme Court of the United States · 1968
  3. Lefkowitz v. TurleySupreme Court of the United States · 1973
  4. In Re Grand Jury ProceedingsCourt of Appeals for the Fifth Circuit · 1994
  5. Equal Employment Opportunity Commission v. Exxon Corp.Court of Appeals for the Fifth Circuit · 2000

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