Case Explained: Non-Argument Calendar DWIGHT SMITH CATHERINE SMITH BRYANT SMITH v. CITY OF JOHNS CREEK, GA a Municipality in the State of Georgia ERIC EHRENREICH BRADLEYROSENQUIST MICHAEL BACON JAMES TAIT, et al USCA11 Case: 26-11526 Document: 13-1 Date Filed: 08/14/2026 Page: 1 of 3 2

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-08-14 Docket: 1:24-cv-01163-SEG The eleventh-circuit dismissed the appeal sua sponte for lack of jurisdiction. The court held that the district court’s order, which granted summary judgment to one defendant while denying partial summary judgment against him and leaving claims against other defendants pending, was not a final decision under 28 U.S.C. § 1291 because it did not end the litigation on the merits. Furthermore, the court determined the order did not qualify for immediate appeal under the collateral-order doctrine, as it is effectively reviewable on appeal from a final judgment and delaying review would not imperil a substantial interest. Consequently, the appellate court lacks authority to hear the case at this time, and the matter must await a final judgment resolving all claims against all parties before an appeal can be properly taken. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.