John Hershel Stoudenmire, a Minor, by John L. Stoudenmireand Sara Stoudenmire, His Parents and Next Friend,and John L. Stoudenmire and Sarastoudenmire, Individually, Etal., Appellants, v. Daly N. Braxton and Sharon Braxton, Minors, by Sadiebraxton, Their Mother and Next Friend, et al., Appellees, 299 F.2d 846 (5th Cir. 1962)

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US Court of Appeals for the Fifth Circuit - 299 F.2d 846 (5th Cir. 1962)

March 9, 1962

Dean Boggs, Lucien H. Boggs, J. Donald Bruce, Jacksonville, Fla., Lanas Troxler, Coakley Taylor, Jacksonville, Fla., of counsel, for appellants.

Earl M. Johnson, Jacksonville, Fla., Constance Baker Motley, New York City, for appellees.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.


This is an attempt by the named appellants and others to appeals from an order entered by the district court denying the appellants the right to intervene in litigation commenced by Negro plaintiffs against the Board of Public Instruction of Duval County, Florida. The order issued by the trial court was not a final order or decision of the district court as contemplated by Section 1291 of Title 28 U.S.C.A. Nor is it the exceptional type of interlocutory order that may be appealed under Section 1292. This Court, therefore, has no jurisdiction to entertain the appeal. Although no motion to dismiss has been filed by appellees the jurisdiction of this Court must always by inquired into by the Court on its own motion if it comes in question.

The appeal is