Unpublished Dispositionraymond Rathka, Plaintiff-appellee, v. Jay Fishman, an Individual and Equity Management Andresearch, a Michigan Corporation, Jointly Andseverally, Defendants-appellants,martin Trepel, Defendant, 805 F.2d 1036 (6th Cir. 1986)

ORDER

Rathka moves to dismiss this appeal from the district court's order of September 16, 1986. The order affirmed a magistrate's ruling, denying appellants' motion to disqualify Rathka's trial counsel. Appellants did not file a response.

This Court has jurisdiction of appeals from "final decisions," which ordinarily requires that a party raise all claims of error in a single appeal following a final judgment on the merits. Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (1981). There has been no trial, hence no final judgment on the merits. Furthermore, since this order is reviewable on appeal from a final judgment, it does not fall within the "collateral order" exception, which would subject it to immediate review. Id. at 379. See also Richardson-Merrell, Inc. v. Koller, 472 U.S. ---, 105 S. Ct. 2757 (1985); Flanagan v. United States, 465 U.S. 259 (1984).

It is ORDERED that the motion to dismiss is granted.