Federal Deposit Insurance Corp. v. Moss

OPALA, Chief Justice, with whom SIMMS, Justice, joins,

dissenting from the court’s failure to dismiss this appeal.

The court’s pronouncement holds, inter alia, that the plaintiff/appellant (FDIC) tenders for review an appealable decision. Although the adjudication from which corrective relief is sought gave the defendant/ appellee (Moss) “summary judgment” on his counterclaim for setoff, it left undetermined not only FDIC’s own claim but also other material issues raised by Moss’ quest for affirmative relief against FDIC. I would dismiss this appeal because (1) the decision before the court is…