Ditech Financial, LLC v. AIG Specialty Insurance Company, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 21-13510
____________________
DITECH FINANCIAL, LLC,
Plaintiff-Counter Defendant-Appellant,
versus
AIG SPECIALTY INSURANCE COMPANY,
Defendant-Appellee,
STARR INDEMNITY & LIABILITY COMPANY,
Defendant-Counter Claimant-Appellee.
____________________
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2 Opinion of the Court 21-13510
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:20-cv-00409-WFJ-AEP
____________________
Before B RANCH and LUCK , Circuit Judges, and ANTOON,∗ District
Judge.
PER CURIAM:
This appeal is DISMISSED,
sua sponte, for lack of jurisdic-
tion. Ditech Financial, LLC appeals from the district court’s Sep-
tember 20, 2021 order granting the joint motion for summary judg-
ment filed by AIG Specialty Insurance Company and Starr Indem-
nity & Liability Company. However, that order did not resolve
Starr’s counterclaim against Ditech for reformation of Starr’s insur-
ance policy. Because the appealed order did not resolve all claims
as to all parties, it is not final. And because the district court did
not certify its ruling for immediate review under Federal Rule of
Civil Procedure 54(b) or 28 U.S.C. § 1292(b), the order is not an
appealable interlocutory order either. We therefore lack jurisdic-
tion over this appeal.
See 28 U.S.C. §§ 1291, 1292(b); Fed. R. Civ.
P. 54(b);
Lloyd Noland Found., Inc. v. Tenet Health Care Corp.,
483 F.3d 773, 777 (11th Cir. 2007) (“[A]n order adjudicating fewer
than all the claims in a suit, or adjudicating the rights and liabilities
∗ The Honorable John Antoon II, United States District Judge for the Middle
District of Florida, sitting by designation.
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21-13510 Opinion of the Court 3
of fewer than all the parties, is not a final judgment from which an
appeal may be taken.”).
The Joint Motion for Relinquishment of Jurisdiction, If Nec-
essary, to Perfect Jurisdiction, is DENIED. No motion for recon-
sideration may be filed unless it complies with the timing and other
requirements of 11th Cir. R. 27-2 and all other applicable rules.
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