Tuvell v. Microsoft Corp. ( 2000 )

[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]
United States Court of Appeals
For the First Circuit
No. 00-1444
WALTER TUVELL,
Plaintiff, Appellant,
v.
MICROSOFT CORPORATION,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Nancy Gertner, U.S. District Judge]
Before
Torruella, Chief Judge,
Boudin and Lipez, Circuit Judges.
Walter Tuvell on brief pro se.
Alan D. Rose, Michael L. Chinitz, Richard E. Bowman and Rose
& Associates on brief for appellee.
December 15, 2000
Per Curiam. After carefully considering the briefs
and record on appeal, we affirm the decision of the lower
court.
The appellee argues that because the appellant’s
notice of appeal designated only the last order entered
dismissing the fraud count, our review is limited to the
dismissal of that count. We disagree. The appellant
clearly indicated his intention to appeal from the dismissal
of all claims. Johns’s Insulation, Inc. v. L. Addison and
Associates, Inc., 156 F.3d 101, 105 (1 st Cir. 1998)(notice
designating final judgment encompasses interlocutory orders
merging in the judgment); Kotler v. American Tobacco
Company, et al., 981 F.2d 7, 11 (1 st Cir. 1992)(functional
approach).
However, having reviewed the briefs, the record and
the reasons given in the district court for its disposition,
we are satisfied that no error was committed and that the
appellant’s claims were properly dismissed.
Affirmed. Loc. R. 27(c).
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