Outlaw v. Airtech Air Conditioning & Heating, Inc.

ROBERTS, Circuit Judge.

Plaintiffs notice of appeal in this case was premature, filed while claims were still pending against one of three defendants. The district court subsequently dismissed the remaining claims without prejudice in an effort to cure the lack of an appealable final order, but no new notice of appeal was filed. Federal Rule of Appellate Procedure 4(a)(2) specifies that a premature notice of appeal may be effective upon entry of judgment in certain circumstances. In FirsTier Mortgage Co. v. Investors Mortgage Ins. Co., 498 U.S. 269, 276, 111 S.Ct. 648, 112 L.Ed.2d 743 (1991),…