Celestine v. Capital One et al

Filing 82

Order Denying Motion To Amend Judgment 75 Motion to Amend/Correct. Signed by Judge Robert N. Scola, Jr on 7/12/2017. (lan)

United States District Court
for the
Southern District of Florida
Joseph Celestine, Plaintiff,
v.
Capital One, and others,
Defendants.

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Civil Action No. 17-20237-Civ-Scola
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Order Denying Motion To Amend Judgment
This cause is before the Court on the Plaintiff Joseph Celestine’s motion to
amend judgment pursuant to Rules 52(b) and 59(e) of the Federal Rules of Civil
Procedure. (Mot. at 1, ECF No. 75.) Celestine appears to seek relief from the
Court’s order granting the Defendants’ motion to dismiss (Order, ECF No. 69).
The order provided Celestine an opportunity to amend Counts 1, 2, and 4, and
dismissed with prejudice Count 3. (Id. at 6.)
First and foremost, the Court notes that its order on the motion to dismiss
is not a final appealable order. Bell v. Florida Highway Patrol, 589 F. App’x 473,
474 (11th Cir. 2014) (“[A]n order dismissing a complaint is not final and
appealable unless the order dismisses the entire action or holds that the
complaint could not be saved by amendment.” (quoting Briehler v. City of Miami,
926 F.2d 1001, 1002 (11th Cir. 1991))). Thus, the order does not constitute a
judgment under the Rules. Fed. R. Civ. P. 54(a) (“‘Judgment’ as used in these
rules includes a decree and any order from which an appeal lies.”). As such,
Celestine cannot at this time seek relief under Rule 59(e), which expressly
pertains to altering a judgment.
Next, the Court notes that Rule 52(b) simply does not apply to its order on
the motion to dismiss. That Rule allows a party to move the court to amend any
findings of fact within twenty-eight days after entry of judgment. However, Rule
52(a)(3) notes that the “court is not required to state findings or conclusions when
ruling on a motion under Rule 12 . . . .” Here, the Court ruled on a motion to
dismiss filed under Rule 12(b)(6) and made no findings of fact pursuant to Rule
52(a).
Accordingly, the Court denies Celestine’s motion to amend judgment (ECF
No. 85).
Done and Ordered in chambers, at Miami, Florida, on July 12, 2017.
______________________________
Robert N. Scola, Jr.
United States District Judge