Case Explained: Non-Argument Calendar ATLC, INC. A Florida corporation Plaintiff-Counter v. BROADBAND ITV, INC A foreign corporation Defendant-Counter Claimant-Appellant GERALD J. DAIGLE, JR. et al

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-06-26 Docket: 6:24-cv-00212-ACC-NWH The eleventh-circuit dismissed the appeal sua sponte for lack of jurisdiction because the district court’s orders denying summary judgment and denying reconsideration were not final decisions. The court held that under 28 U.S.C. § 1291, appellate jurisdiction is limited to final decisions that end the litigation on the merits and leave nothing for the district court to do but execute its judgment; here, Count III remained pending before the district court and was set for trial. Furthermore, the orders were not immediately appealable under 28 U.S.C. § 1292(b) or Federal Rule of Civil Procedure 54(b) because the district court did not certify them for interlocutory review or enter a partial final judgment. The court also determined that the collateral order doctrine did not apply, as the rulings were not separate from the merits of the case and were effectively reviewable on appeal from a final judgment. Consequently, the appeal was dismissed without prejudice to refiling once a final judgment is entered in the district court. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.