Hyundai Motor America Corporation v. EFN West Palm Motor Sales, LLC, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-12657
Non-Argument Calendar
____________________
HYUNDAI MOTOR AMERICAN CORPORATION,
a foreign corporation,
Plaintiff-Third Party Defendant
Counter Defendant-Appellant,
versus
NORTH AMERICAN AUTOMOTIVE SERVICES, INC.,
an Illinois Corporation, et al.,
Defendants,
EFN WEST PALM MOTOR SALES, LLC,
an Illinois Limited Liability Company,
GENE KHAYTIN,
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2 Opinion of the Court 23-12657
ERNIE REVUELTA,
EDWARD W. NAPLETON,
GEOVANNY PELAYO,
individuals, et al.,
Defendants-Counter Claimants
Third Party Plaintiffs-Appellees,
HYUNDAI MOTOR COMPANY,
Third Party Defendant-Counter Defendant.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 9:20-cv-82102-WM
____________________
Before WILSON, J ORDAN, and GRANT, Circuit Judges.
PER CURIAM:
Upon our review of the record and the parties’ response to
the jurisdictional question, this appeal is DISMISSED for lack of ju-
risdiction.
EFN West Palm Motor Sales, LLC’s stipulations of volun-
tary dismissal of its fourth, fifth, sixth, seventh, and eighth
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23-12657 Opinion of the Court 3
counterclaims against Hyundai Motor American Corporation, pur-
suant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), were inva-
lid because that Rule generally does not permit dismissal of only
particular claims or counterclaims within an action. See Fed. R.
Civ. P. 41(a)(1)(A)(ii), 41(c); Rosell v. VMSB, LLC, 67 F.4th 1141,
1144 (11th Cir. 2023); Esteva v. UBS Fin. Servs. Inc. (In re Esteva),
60 F.4th 664, 675 (11th Cir. 2023); Klay v. United Healthgroup, Inc.,
376 F.3d 1092, 1106 (11th Cir. 2004). The district court’s subse-
quent orders adjudging those counterclaims dismissed pursuant to
the stipulations were also ineffective to dismiss the counterclaims
under Rule 41(a)(2). See Rosell, 67 F.4th at 1144.
We decline to construe the stipulations as seeking amend-
ment under Fed. R. Civ. P. 15 or as abandonment of the counter-
claims. The filings were labeled as stipulations of dismissal and ex-
pressly invoked Rule 41(a)(1)(A)(ii), and the district court’s orders
recognizing them explicitly accepted them as stipulations and con-
templated dismissal under Rule 41. And unlike Hyundai’s explicit
withdrawal, at trial, of one of its claims and the district court’s ex-
press recognition that the claim was abandoned, the parties have
not pointed to anything in the record mentioning withdrawal or
abandonment, at any time, of any counterclaim.
Accordingly, the counterclaims have not been resolved and
remain pending before the district court, so we lack jurisdiction
over this appeal. See 28 U.S.C. § 1291; Supreme Fuels Trading FZE v.
Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012).
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