Joe Hand Promotions, Inc. v. Diane Williams, et al

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10090
Non-Argument Calendar
____________________
JOE HAND PROMOTIONS, INC.,
Plaintiff-Appellee,
versus
DIANE WILLIAMS,
Individually, as officers, directors,
shareholders, members and/or principals
of Tastemakers Elite LLC d/b/a Cabana Sands,
RALPH A. WILLIAMS,
Individually, as officers, directors,
shareholders, members and/or principals
of Tastemakers Elite LLC d/b/a Cabana Sands,
TASTEMAKERS ELITE LLC,
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2 Opinion of the Court 24-10090
d.b.a. Cabana Sands,
Defendants-Appellants.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:23-cv-02311-VMC-NHA
____________________
Before WILSON, NEWSOM , and L UCK , Circuit Judges.
PER CURIAM:
Ralph Williams and Diane Williams (collectively, the “Wil-
liamses”), appeal from the district court’s December 7, 2023 order
that denied their objection and motion to dismiss plaintiff Joe Hand
Promotions, Inc.’s (“Joe Hand Promotions”) complaint. That or-
der is not final and appealable, however, because it did not end the
litigation on the merits in the district court. See 28 U.S.C. § 1291;
Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 986 (11th Cir. 2022)
(stating that a final order ends the litigation on the merits and
leaves nothing for the court to do but execute its judgment).
Joe Hand Promotions’s claims against the Williamses re-
main pending before the district court, and the district court did
not certify its order for immediate review under Federal Rule of
Civil Procedure 54(b). See Supreme Fuels Trading FZE v. Sargeant,
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24-10090 Opinion of the Court 3
689 F.3d 1244, 1246 (11th Cir. 2012) (noting that an order that dis-
poses of fewer than all claims against all parties to an action is not
immediately appealable absent certification pursuant to Rule
54(b)). Nor is the district court’s December 7, 2023 order effec-
tively unreviewable on appeal from a final order resolving the case
on the merits. See Plaintiff A v. Schair, 744 F.3d 1247, 1252-53 (11th
Cir. 2014) (explaining that a ruling that does not conclude the liti-
gation may be appealed under the collateral order doctrine if it, in-
ter alia, is “effectively unreviewable on appeal from a final judg-
ment”).
Accordingly, this appeal is DISMISSED, sua sponte, for lack
of jurisdiction. No petition for rehearing may be filed unless it
complies with the timing and other requirements of 11th Cir. R.
40-3 and all other applicable rules.
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