Stevens, et al v. Ford Motor Co, et al

United States Court of Appeals
Fifth Circuit
F I L E D
May 21, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_________________
No. 03-60951
(Summary Calendar)
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BOBBY STEVENS; ET AL
Plaintiffs
BOBBY STEVENS; JOSEPHINE STEVENS
Plaintiffs - Appellants
versus
FORD MOTOR COMPANY; ET AL
Defendants
FORD MOTOR CO; JOHN DOES, whose names are unknown to plaintiffs
at this time, but will be substituted by amendment when ascertained; BILL
ETHRIDGE LINCOLN-MERCURY INC
Defendant - Appellees
GWENDOLYN HILL
Plaintiff - Appellant
versus
FORD MOTOR COMPANY; ET AL
Defendants
FORD MOTOR COMPANY; BILL ETHRIDGE LINCOLN-MERCURY
INC; JOHN DOES
Defendant - Appellees

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* 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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Appeal from the United States District Court
For the Southern District of Mississippi
USDC No. 4:03-CV-164-BN
Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Plaintiffs Bobby and Josephine Stevens and Gwendolyn Hill bring this appeal from the district
court’s denial of their Motion to Remand to state court their personal injury and property damage suit
against defendants Ford Motor Company, Bill Ethridge Lincoln-Mercury and unknown John Does.
“An order denying remand of a case removed to federal court is not a final order within the
meaning of 28 U.S.C. § 1291 and, standing by itself cannot be appealed unless certified by the district
court according to the provisions of 28 U.S.C. § 1292(b).” Poirrier v. Nicklos Drilling Co., 648 F2d
1063, 1064-65 (5th Cir. 1981); Aaron v. National Union Fire Ins. Co. of Pittsburgh, Pennsylvania,
876 F.2d 1157, 1160 (5th Cir. 1989); see Wright, Miller & Cooper, Federal Practice & Procedure
2d § 3914.11. When the refusal to remand is coupled with a final judgment, the appellate court has
jurisdiction to review the denial of the motion to remand. Aaron, 846 F.2d at 1160.
The district court did not issue a final judgment in this case, no r did it certify its ruling for
interlocutory appeal. This appeal is thus DISMISSED.

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