David Bear v. Douglas Underhill

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10474
Non-Argument Calendar
____________________
DAVID BEAR,
Plaintiff-Appellee,
versus
DOUGLAS B. UNDERHILL,
Defendant-Appellant,
ESCAMBIA COUNTY BOARD OF COUNTY
COMMISSIONERS, et al.,
Defendant.
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2 Opinion of the Court 24-10474
____________________
Appeal from the United States District Court
for the Northern District of Florida
D.C. Docket No. 3:19-cv-04424-MCR-HTC
____________________
Before J ORDAN, R OSENBAUM , and J ILL PRYOR , Circuit Judges.
PER CURIAM:
Upon review of the record and the parties’ responses to the
jurisdictional question, this appeal is DISMISSED for lack of juris-
diction.
The parties’ July 12, 2022 stipulation of dismissal of Count V
of the amended complaint was invalid under Federal Rule of Civil
Procedure 41(a)(1)(A)(ii) because that Rule permits dismissal only
of “an entire action,” and not particular claims. See Rosell v. VMSB,
LLC, 67 F.4th 1141, 1144 (11th Cir. 2023). The district court’s
March 25, 2023 ruling that Count V was moot, pursuant to the de-
fective July 12, 2022 stipulation, was thus also ineffective to resolve
Count V. See id.
Although we have recognized that a plaintiff may dismiss all
claims against a particular defendant under Rule 41(a), see id., the
stipulation did not resolve all claims asserted against either Douglas
Underhill or the Escambia County Board of County Commission-
ers. Further, we decline to construe the stipulation as an attempt
to abandon Count V, as the stipulation expressly invoked Rule
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24-10474 Opinion of the Court 3
41(a)(1)(A)(ii) and was not styled in any way as an abandonment of
Count V.
Accordingly, Count V has not been resolved and remains
pending before the district court. We thus lack jurisdiction to con-
sider 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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