William M. Shernoff, Plaintiff-appellant, v. Fdic, As Receiver for Metro North State Bank;pacific-midwest Brokerage; Harry Piazza; Missionbank; Industrial State Bank; Targetescrow Services, Inc., et al.,defendants-appellees, 42 F.3d 1402 (9th Cir. 1994)
Annotate this CaseBefore: GIBSON,** HUG, and POOLE, Circuit Judges.
ORDER
This appeal is dismissed for lack of jurisdiction because the district court's order was not a final, appealable judgment. See 28 U.S.C. § 1291. Absent certification under Fed. R. Civ. P. 54(b), the disposition of the claims against some of the parties where the action has not ended as to other parties does not constitute a final, appealable judgment. Rule 54(b) requires "an express determination that there is no just reason for delay and ... an express direction for the entry of judgment." Here, appellant did not seek, nor did the district court grant, such certification. The district court's order did not dispose of all the claims against all of the parties. Without a Rule 54(b) certificate, this is not a final, appealable judgment.
Accordingly, we dismiss appellant's appeal for lack of appellate jurisdiction.
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