Narrative Opinion Summary
The Court dismisses the appeal for lack of jurisdiction because the appellant's response did not demonstrate that the appealed summary judgment pertains to the claims still pending in the lower court. This dismissal is without prejudice, allowing the appellant the right to appeal once there is a final judgment on all related claims. Judges Allen, Davis, and Van Nortwick concur with this decision.
Legal Issues Addressed
Dismissal Without Prejudicesubscribe to see similar legal issues
Application: The court's dismissal allows the appellant to file an appeal again once a final judgment is entered on all claims.
Reasoning: This dismissal is without prejudice, allowing the appellant the right to appeal once there is a final judgment on all related claims.
Jurisdiction for Appealsubscribe to see similar legal issues
Application: The court determined that it lacked jurisdiction to hear the appeal because the appeal did not relate to a final judgment on all claims.
Reasoning: The Court dismisses the appeal for lack of jurisdiction because the appellant's response did not demonstrate that the appealed summary judgment pertains to the claims still pending in the lower court.