Opinion

Zucker v. Maxicare Health Plans Inc.

  • 14 F.3d 477
  • 94 Daily Journal DAR 991
  • 94 Cal. Daily Op. Serv. 583
  • 1994 U.S. App. LEXIS 1247
  • 1994 WL 18440
Court
Court of Appeals for the Ninth Circuit
Filed
Jan 26, 1994
Status
Published
Author
Scannlain
On the bench
Norris, Scannlain, Wiggins
Cited by
18 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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