Unpublished Dispositioncalvin Berthelsen, Plaintiff-appellee, v. Maurice Kane; Defendant-appellantmountain Gas Co., Inc., a Kentucky Corporation; 3d Coal Co.of Michigan, a Michigan Corporation, Defendants, 886 F.2d 330 (6th Cir. 1989)
Annotate this CaseBefore MERRITT and RYAN, Circuit Judges and JOHN W. PECK, Senior Circuit Judge.
ORDER
Defendant Kane moves to stay the district court's order which denied his motion to set aside the entry of default. Plaintiff opposes the motion to stay and moves to dismiss this appeal as being taken from a nonfinal, nonappealable order.
The entry of default is an interlocutory act which contemplates the subsequent entry of a final judgment by default. 6 J. Moore, W. Taggart & J. Wicker, MOORE'S FEDERAL PRACTICE, 55.10 (2nd ed. 1985). An appeal may not be taken until a default judgment is entered. U.S. v. Hansen, 795 F.2d 35, 37 (7th Cir. 1986). Accordingly, this appeal is dismissed, and the motion for a stay is denied.
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