John Laschkewitsch v. American Natl Life Insurance


UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 16-2003 Doc: 14 Filed: 12/20/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-2003 JOHN LASCHKEWITSCH, Plaintiff - Appellant, v. AMERICAN NATIONAL LIFE INSURANCE COMPANY,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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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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