Norma Martin v. E.C. Publications Inc., et al.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 22-13408
Non-Argument Calendar
____________________
NORMA MARTIN,
Plaintiff-Counter Defendant-Appellant,
versus
E.C. PUBLICATIONS INC.,
WARNER COMMUNICATIONS LLC,
d.b.a. DC Comics
Defendants-Counter Claimants-Appellees,
DC COMICS, Inc.,
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2 Opinion of the Court 22-13408
Defendant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:19-cv-21167-DPG
____________________
Before J ORDAN , J ILL PRYOR , and BRANCH, Circuit Judges.
PER CURIAM:
We issued a jurisdictional question asking whether the dis-
trict court has entered a final, appealable order, and, particularly,
whether Appellees’ counterclaims have been resolved. In re-
sponse, Appellees request that we remand this appeal to the district
court for a ruling on their pending motion to dismiss the counter-
claims. Appellant Norma Martin opposes the motion. We con-
clude that the district court has not entered a final or appealable
order, so this appeal is DISMISSED for lack of jurisdiction and Ap-
pellees’ motion to remand is DENIED as MOOT.
Martin appeals the district court’s September 27, 2022 order
entering summary judgment to Appellees on all of her claims.
However, the district court’s order did not address Appellees’
counterclaims, and our review of the record does not reveal any
other order disposing of them. Further, the district court did not
certify its September 27, 2022 order for immediate review under
Federal Rule of Civil Procedure 54(b). Accordingly, the district
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22-13408 Opinion of the Court 3
court’s order is not final or immediately appealable, and we lack
jurisdiction to review it. See 28 U.S.C. § 1291; Supreme Fuels Trading
FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012).
Because we lack jurisdiction over this appeal, we decline to
entertain Appellees’ motion to remand. See Vachon v. Travelers
Home & Marine Ins. Co., 20 F.4th 1343, 1347 (11th Cir. 2021) (stating
that when we lack jurisdiction, “we may do no more than ‘an-
nounc[e] the fact and dismiss[] the cause’” (quoting United States v.
Amodeo, 916 F.3d 967, 971 (11th Cir. 2019))).
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