Unpublished Dispositionandrew Daniels, Plaintiff-appellant, v. National City Bank, Central Trust Bank, Chex Systems,defendants-appellees, 915 F.2d 1571 (6th Cir. 1990)

Before WELLFORD and DAVID A. NELSON, Circuit Judges, and JOINER, Senior District Judge.^* 

ORDER

This matter is before the court upon consideration of appellant's motion for an emergency order directing Judge Aldrich to, among other things, comply with Fed. R. Civ. P. 52(a). Rule 52(a) requires that findings of fact be prepared by the district court when the action is tried without a jury or with an advisory jury. It also requires such findings when interlocutory injunctions are granted or denied.

A review of the documents before the court indicates that appellant appealed on August 10, 1990, from "the judgment and the decisions of Judge Ann Aldrich, on July 28, 1990." No order was filed on July 28, but one was filed on July 23. It granted a motion to strike a jury demand. No final and appealable order has been entered by the district court. To be final and appealable, an order must terminate all the issues presented in the litigation on the merits. See Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 373 (1981); Ford Motor Co. v. Transport Indem. Co., 795 F.2d 538, 543 (6th Cir. 1986). No order has been certified for interlocutory appeal under 28 U.S.C. § 1292(b).

Accordingly, it is ORDERED that the appeal be, and it hereby is, dismissed. Rule 9(b) (1), Rules of the Sixth Circuit. The emergency motion of the appellant is denied.