John Laschkewitsch v. American Natl Life Insurance
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to dismiss appeal [999925409-2] Originating case number: 5:15-cv-00021-D Copies to all parties and the district court/agency. [999990749]. Mailed to: Hanley, Laschkewitsch. [16-2003]
Appeal: 16-2003
Doc: 14
Filed: 12/20/2016
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-2003
JOHN LASCHKEWITSCH,
Plaintiff - Appellant,
v.
AMERICAN NATIONAL LIFE INSURANCE COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:15-cv-00021-D)
Submitted: December 14, 2016
Decided:
December 20, 2016
Before KING, SHEDD, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John B. Laschkewitsch, Appellant Pro Se.
Kelly C. Hanley,
Gilbert Charles Laite, III, WILLIAMS MULLEN, Raleigh, North
Carolina; Joseph Ray Pope, WILLIAMS MULLEN, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 16-2003
Doc: 14
Filed: 12/20/2016
Pg: 2 of 2
PER CURIAM:
John
Laschkewitsch
seeks
to
appeal
the
district
order granting summary judgment against him.
court’s
This court may
exercise jurisdiction only over final orders, 28 U.S.C. § 1291
(2012),
and
certain
interlocutory
and
collateral
orders,
28
U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial
Indus.
Loan
Corp.,
Laschkewitsch
337
seeks
to
U.S.
541,
appeal,
545-46
which
(1949).
decided
the
The
order
issue
of
liability but made clear that the district court had yet to
conduct
further
proceedings
to
determine
damages,
attorney’s
fees, and costs, is neither a final order nor an appealable
interlocutory or collateral order.
See Liberty Mut. Ins. Co. v.
Wetzel, 424 U.S. 737, 744 (1976); Dilly v. S.S. Kresge, 606 F.2d
62, 62-63 (4th Cir. 1979).
motion
to
dispense
dismiss
with
contentions
are
the
oral
Accordingly, we grant Appellee’s
appeal
argument
adequately
for
lack
because
presented
in
of
the
the
jurisdiction.
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
DISMISSED
2
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