Legal Opinion
Beluga Holding, Ltd. v. Commerce Capital Corp.
Court of Appeals for the Eleventh Circuit
Decided May 24, 2000No. 99-4017PublishedCited by 13 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
In this case, the district court granted summary judgment on a common law tort claim for conversion (of stock certificates) and then directed the clerk of the court to “close” the case. The court did so without disposing of other claims that remained to be litigated. The losing party now appeals the summary judgment. It suggests, and the prevailing party agrees, that since the clerk “closed” the case, we are presented with a final judgment within the meaning of 28 U.S.C. § 1291 (1994) and therefore have jurisdiction over this appeal.1 We disagree. To be a final…
2Cases cited11 opinions
- Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995
- Roco Carriers, Ltd. v. M/V Nurnberg ExpressCourt of Appeals for the Second Circuit · 1990
- Seymour v. AdamsDistrict Court of Appeal of Florida · 1994
- Bradford Marine, Inc. v. M/V "Sea Falcon"Court of Appeals for the Eleventh Circuit · 1995
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fogade v. ENB Revocable TrustCourt of Appeals for the Eleventh Circuit · 2001
- Janet Greenwell v. Aztar Indiana Gaming Corporation, Doing Business as Aztar Casino, Third-Party v. Matthew B. Kern and Gregory J. Loomis, Third-PartyCourt of Appeals for the Third Circuit · 2001
- AIG Centennial Insurance Company v. J. Brian O'NeillCourt of Appeals for the Eleventh Circuit · 2015
- At&t Wireless Pcs, Inc. v. City of AtlantaCourt of Appeals for the Eleventh Circuit · 2000
- Felix Wajnstate v. Oceania Cruises, Inc.Court of Appeals for the Eleventh Circuit · 2012
8 more not listed; retrieve them via the Exa API.