Tag Archives: Finality

Eleventh Circuit Closes Off Resort to Fed. R. Civ. P. 41(a) to Dismiss Remaining Claims as an Expedient to Appeal Contested Claims Dismissed Under Fed. R. Civ. P. 54(b)

The Eleventh Circuit, in CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, No. 24-13766 (11th Cir. Sept. 12, 2025), rejects a common tactic used by parties to speed-up the appeal of a partial dispositive order, i.e., voluntarily dismissing the remaining claims under Fed. R. Civ. P. 41(a). The panel holds that, by its plain terms,Continue reading “Eleventh Circuit Closes Off Resort to Fed. R. Civ. P. 41(a) to Dismiss Remaining Claims as an Expedient to Appeal Contested Claims Dismissed Under Fed. R. Civ. P. 54(b)”

Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit

In City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., No. 22-12419 (11th Cir. Sept. 13, 2023), the Eleventh Circuit holds in a matter of first impression that all parties to a case—not just those directly involved in the dismissal—must sign a Fed. R. Civ. P. 41(a)(1)(A)(ii) dismissal motion for it to be effective. Rule 41(a)(1)(A)(ii)Continue reading “Eleventh Circuit Holds That Fed. R. Civ. P. 41(a)(1)(A)(ii) Stipulation Must Be Signed by All Parties Who Have Appeared in a Lawsuit to Be Effective, Creating Split with the Fifth Circuit”