Seahorse Boat & Barge Corporation v. Jacksonville Shipyards, Inc., Armco Steel Corporation, 617 F.2d 396

PER CURIAM:

In this suit involving the purchase of a boat by a Louisiana resident from a Florida boatbuilder, plaintiffs claimed subject matter jurisdiction under diversity and admiralty jurisdiction. Jacksonville Shipyards was one of four parties named as defendants to the action. The district court granted Jacksonville Shipyards’ motion to dismiss the suit as to itself due to lack of personal jurisdiction, but did not certify the question to this Court. See Fed.R.Civ.P. 54(b).

In a case involving multiple parties, dismissal of one party is not appealable absent a certification by the district court that complies with Federal Rule of Civil Procedure 54(b). See Cason v. Owen, 578 F.2d 572, 574 (5th Cir. 1978). Nor does the dismissal fall within the limited class of interlocutory appeals authorized by 28 U.S.C. § 1292(a)(3) relating to the rights and liabilities of parties in admiralty. See Austracan (U.S.A.), Inc. v. M/V LEMONCORE, 500 F.2d 237, 240-41 (5th Cir. 1974).

Therefore, we dismiss Seahorse Boat & Barge Corporation’s appeal for lack of jurisdiction.

Appeal DISMISSED.

Case Details

Case Name: Seahorse Boat & Barge Corporation v. Jacksonville Shipyards, Inc., Armco Steel Corporation

Court Name: Court of Appeals for the Fifth Circuit

Date Published: May 19, 1980

Citations: 617 F.2d 396; 1982 A.M.C. 301; 1980 U.S. App. LEXIS 17432; 77-3501

Docket Number: 77-3501

Court Abbreviation: 5th Cir.