Rickey Harrell, et al v. G4S Secure Solutions, etc.


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Kermit E. Bye and Lavenski R. Smith (UNPUBLISHED) [4200215] [14-1647]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 14-1647 ___________________________ Rickey Harrell; Joyce Harrell lllllllllllllllllllll Plaintiffs - Appellants v. G4S Secure Solutions (USA), Inc., formerly known as Wackenhut Corp. lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: September 22, 2014 Filed: September 25, 2014 [Unpublished] ____________ Before WOLLMAN, BYE, and SMITH, Circuit Judges. ____________ PER CURIAM. Alabama residents Rickey and Joyce Harrell appeal from the district court’s1 order granting judgment on the pleadings and dismissing with prejudice their tort 1 The Honorable Laurie Smith Camp, Chief Judge, United States District Court for the District of Nebraska. Appellate Case: 14-1647 Page: 1 Date Filed: 09/25/2014 Entry ID: 4200215 claims against G4S Secure Solutions (USA), Inc. (G4S) in this diversity action. Because the district court’s order did not address the counterclaims asserted by G4S against the Harrells, there is no final order from which an appeal lies, and we lack jurisdiction over the instant appeal. See 28 U.S.C. § 1291 (appellate courts have jurisdiction over appeals from final decisions of district courts); Miller v. Special Weapons, L.L.C., 369 F.3d 1033, 1034 (8th Cir. 2004) (appellate court lacks jurisdiction over judgment entered on complaint if counterclaim is pending when notice of appeal is filed even when counterclaim rests on same legal theory as resolved claims); Thomas v. Basham, 931 F.2d 521, 522-23 (8th Cir. 1991) (federal appellate court has obligation to consider its own jurisdiction sua sponte even if parties concede the issue). The appeal is dismissed as premature. ______________________________ -2- Appellate Case: 14-1647 Page: 2 Date Filed: 09/25/2014 Entry ID: 4200215

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