Quality First Staffing Services, Inc. v. Federal Express Corp.

ORDER

The defendant appeals an order granting plaintiffs motion for a new trial in this diversity contract action. Because such an order is interlocutory in nature and generally cannot be immediately appealed, the clerk entered an order on June 2, 2003, directing the defendant to show cause why its appeal should not be dismissed for lack of appellate jurisdiction. The defendant filed a response, arguing that the order is immediately appealable because the district court had no jurisdiction to enter the order. The defendant suggests that the appeal be briefed with the question of appellate…