holding that a district court’s order providing that it would become final five days after the filing of a joint notice was not a final judgment because the joint notice had not been filed and because the district court had taken no action indicating that the order was a final judgment despite the nonfulfillment of that condition
How later courts described this case
- holding that a district court’s order providing that it would become final five days after the filing of a joint notice was not a final judgment because the joint notice had not been filed and because the district court had taken no action indicating that the order was a final judgment despite the nonfulfillment of that condition
- finding that judgment which provided that it would become final five days after the filing of a joint notice was not “final” for purposes of appeal where no joint notice had been filed
- concluding that the judgment at issue was not final and the court did not have jurisdiction over the appeal based on the contingent nature of the judgment
- “Therefore, the Judgment by its own terms is neither final nor enforceable absent some modification of the Judgment or other action by the district court indicating that the Judgment is final notwithstanding the non-fulfillment of its terms.”
Written by the judges who cited it.
The opinion
O’SCANNLAIN, Circuit Judge,
concurring:
I join fully in Judge Wiggins’ careful opinion and write separately only to emphasize the rule that parties cannot confer jurisdiction upon this court. Despite ample opportunity, the parties to this appeal never have satisfied the explicit conditions for finality in the district court’s order. We lack the authority to review that order until the parties comply with these conditions. Although the parties nevertheless may find it mutually convenient to proceed with this appeal, we are not free to disregard our lack of jurisdiction for the sake of expediency.