Charles Weinacker v. Petfriendly, Inc., et al., No. 23-12901 (11th Cir. 2023)

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USCA11 Case: 23-12901 Document: 22-1 Date Filed: 10/13/2023 Page: 1 of 3 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-12901 Non-Argument Calendar ____________________ CHARLES WEINACKER, Plainti -Appellant, versus AARON SHADDY, an individual, et al., Defendants, PETFRIENDLY, INC., PET FRIENDLY DIRECT, LLC, Nebraska limited liability corporations, USCA11 Case: 23-12901 2 Document: 22-1 Date Filed: 10/13/2023 Opinion of the Court Page: 2 of 3 23-12901 Defendants-Counter Claimants-Appellees, WWW.PETFRIENDLYDIRECT.COM, a.k.a. www.petfriendlybox.com, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Southern District of Alabama D.C. Docket No. 1:22-cv-00028-TFM-MU ____________________ Before WILSON, ROSENBAUM, and BRASHER, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdiction. Charles Weinacker, pro se, appeals the district court’s August 4, 2023 order that dismissed, in whole or in part, four of the eight counts in Weinacker’s second amended complaint and allowed the remaining counts to proceed. We lack jurisdiction over this appeal because the August 4 order was not final or otherwise appealable. See 28 U.S.C. § 1291; CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000). Because the August 4 order expressly allowed several of Weinacker’s claims to proceed, and those claims remain pending, that order is not a final or otherwise appealable USCA11 Case: 23-12901 23-12901 Document: 22-1 Date Filed: 10/13/2023 Opinion of the Court Page: 3 of 3 3 decision. See Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1245-46 (11th Cir. 2012). No petition for rehearing may be led unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.

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