Tag Archives: Final Judgment

First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered

In WM Capital Partners 53, LLC v. Barreras, Inc., No. 19-1364 (1st Cir. Sept. 22, 2020), the First Circuit dismisses the appeal of a declaratory judgment where summary judgment was granted, but the district court had not yet entered a declaration. “Plaintiff-appellee WM Capital Partners 53, LLC (‘WM Capital’) filed this diversity action seeking aContinue reading “First Circuit Holds That Declaratory Judgment Is Not Final and Appealable Until A Declaration of Rights Is Entered”

Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit

In Umbrella Investment Group, LLC, et al v. Wolters Kluwer Finan. Servs., Inc., No. 20-30078 (5th Cir. Aug. 26, 2020), the panel holds that it has appellate jurisdiction over the dismissal of “all claims … without prejudice” for failure to state a claim under Fed. R. Civ. P. 12(b)(6), by alleging fraud without the specificityContinue reading “Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit”