Unpublished Dispositionfederal Deposit Insurance Corporation, Plaintiff-appellee, v. Melvin T. Goldberger and Regency Highlandassociates,defendants-appellants.federal Deposit Insurance Corporation, Plaintiff-appellee, v. Earl S. Worsham and Tensor, Inc., Defendants-appellants, 815 F.2d 703 (6th Cir. 1987)

ORDER

The defendants in these civil actions appeal an order of judgment for the Federal Deposit Insurance Corporation. The defendants now move to consolidate their appeal and to dismiss the same on grounds that there was no final judgment for purposes of 28 U.S.C. 1291. The FDIC opposes only the motion to dismiss.

The district court's order of September 10, 1986 awarded damages to the FDIC, but explicitly left unresolved third party claims between the defendants. It did not contain a determination under Rule 54(b), Federal Rules of Civil Procedure, that no just reason to delay entry of judgment exists. The FDIC subsequently requested such certification from the district court, but its motion was denied on grounds that the notice of appeal transferred jurisdiction from the district court to the Court of Appeals.

Absent certification for an interlocutory appeal under 28 U.S.C. 1292(b) or Rule 54(b), Federal Rules of Civil Procedure, an order disposing of fewer than all parties or claims in an action is nonappealable. William B. Tanner Co. v. United States, 575 F.2d 101 (6th Cir. 1978) (per curiam) . The district court's order was neither final nor certified for interlocutory review. Therefore,

It is ORDERED that the defendants' motion to dismiss is granted. In light of such dismissal, the motion to consolidate is rendered moot.

This order is without prejudice to the parties seeking Rule 54(b) certification at a future time.