UHP Products Inc v. Wilco Supply Inc ( 2000 )


Menu:
  •                 IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-21169
    Summary Calendar
    UHP PRODUCTS, INC.,
    Plaintiff-Appellant,
    versus
    WILCO SUPPLY, INC.; ET AL.,
    Defendants,
    SPIR STAR DRUCKSCHLÄUCHE GMBH,
    Defendant-Appellee.
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. H-98-CV-3166
    --------------------
    August 10, 2000
    Before REYNALDO G. GARZA, SMITH, and PARKER, Circuit Judges.
    PER CURIAM:*
    This court must determine whether it has appellate
    jurisdiction, and the appellants bear the burden of establishing
    jurisdiction.    Acoustic Sys., Inc. v. Wenger Corp., 
    207 F.3d 287
    ,
    289 (5th Cir. 2000).   Federal appellate courts have jurisdiction
    over appeals only from (1) final orders, 
    28 U.S.C. § 1291
    ;
    (2) orders that are deemed final due to jurisprudential exception
    or which have been properly certified as final pursuant to Fed.
    R. Civ. P. 54(b); and (3) interlocutory orders that fall into
    specific classes, 
    28 U.S.C. § 1292
    (a), or which have been
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    No. 99-21169
    -2-
    properly certified for appeal by the district court, 
    28 U.S.C. § 1292
    (b).    Askenase v. LivingWell, Inc., 
    981 F.2d 807
    , 809-10
    (5th Cir. 1993).   When an action involves multiple parties, any
    decision that adjudicates the liability of fewer than all of the
    parties does not terminate the action and is therefore not
    appealable unless certified by the district court under Rule
    54(b).   Borne v. A & P Boat Rentals No. 4, Inc., 
    755 F.2d 1131
    ,
    1133 (5th Cir. 1985); Thompson v. Betts, 
    754 F.2d 1243
    , 1245 (5th
    Cir. 1985).
    The dismissal of Spir Star Druckschläuche GmbH for lack of
    personal jurisdiction did not dispose of all the parties, and the
    district court did not certify that the order was a final
    judgment pursuant to Rule 54(b).   Further, an interlocutory
    decree dismissing a party for lack of personal jurisdiction in an
    admiralty case is not appealable under 
    28 U.S.C. § 1292
    (a)(3).
    Allen v. Okam Holdings, Inc., 
    116 F.3d 153
    , 154 (5th Cir. 1997).
    The appeal is DISMISSED for this court’s lack of
    jurisdiction.