Andrew Carl Weathersby v. Cooper Lighting, Inc.

*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this opinion should not be published and is not precedent except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
September 22, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-61079
ANDREW CARL WEATHERSBY,
Plaintiff-Appellee,
v.
COOPER LIGHTING, INC.,
Defendant-Appellant.
Appeal from the United States District Court for the
Southern District of Mississippi, Jackson
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
BENAVIDES, Circuit Judge:*
Appellant Cooper Lighting, Inc. levies a barrage of attacks
assailing the district court’s award of monetary relief to Andrew
Carl Weathersby in his action under the Family and Medical Leave
Act (“FMLA”). The award stems from the second jury trial on
Weathersby’s claims. Unfortunately, we are precluded from ruling
on appellant’s appeal. Weatherby’s claims before the district
court also included a claim for reinstatement. The district court

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has yet to rule on such claim. The judgment appealed from does not
resolve all of Weatherby’s claims against Cooper and is not an
appealable final judgment. See 28 U.S.C. § 1291 (1999);
Witherspoon v. White, 111 F.3d 399, 402 (5th Cir. 1997). Neither
does this case present us with the type of partial final judgment
that might allow us to entertain this appeal under Fed.R.Civ.P.
54(b). Unless and until the district court rules on the claim for
reinstatement, this court lacks jurisdiction to review the monetary
award.
APPEAL DISMISSED.

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