Willis v. Intl Paper Co

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
October 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30222
Summary Calendar
E. DALE WILLIS,
Plaintiff-Counter Defendant-
Appellant,
versus
INTERNATIONAL PAPER CO.,
Defendant-Counter Claimant-
Appellee.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CV-115
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
E. Dale Willis appeals from the district court's judgment
granting summary judgment to International Paper Company ("IP")
in his wrongful termination suit. IP argues that we lack
appellate jurisdiction.
This court has the authority to hear appeals only from
"final decisions" under 28 U.S.C. § 1291, interlocutory decisions
under 28 U.S.C. § 1292, nonfinal judgments certified as final

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No. 03-30222
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under FED. R. CIV. P. 54(b), or some other nonfinal orders or
judgments to which an exception applies. See Briargrove Shopping
Ctr. Joint Venture v. Pilgrim Enters., Inc., 170 F.3d 536, 538
(5th Cir. 1999). The district court's judgment granted summary
judgment to IP on Willis's wrongful termination claim and also
granted summary judgment as to liability on IP's counterclaim.
The district court's judgment, which concurred with the
magistrate judge's report, left unadjudicated the issue of IP's
damages. Thus, the judgment was not final. See Meadowbriar Home
for Children, Inc. v. G.B. Gunn, 81 F.3d 521, 528 (5th Cir. 1996)
("[A] judgment is not final until both liability and damages are
determined.").
The district court did not certify the judgment for
immediate appeal pursuant to FED. R. CIV. P. 54(b), and we discern
no exception to the rule of finality applicable to the judgment.
We therefor lack appellate jurisdiction to hear the appeal, and
the appeal is DISMISSED. Willis's motion to file his reply brief
out-of-time is DENIED.
APPEAL DISMISSED. MOTION DENIED.

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