Opinion
CASE NO. CV411-041
09-26-2012
WILLIAM DEGENHART, M.D., Plaintiff, v. ARTHUR STATE BANK, THE DEGENHART LAW FIRM, PAUL DEGENHART, and MARY NELL DEGENHART, Defendants.
ORDER
Before the Court is Defendant Arthur State Bank's ("ASB") Motion for Certification of Dismissal Order as Final Judgment. {Doc. 58.) In the motion, Defendant ASB requests that the Court certify a final judgment in its favor based on the Court granting Defendant ASB's Motion to Dismiss. The general rule is that final judgment pursuant to Federal Rule of Civil Procedure 54(b) is proper only after the rights and liabilities of all parties to an action have been adjudicated. Ebrahimi v. City of Huntsville Bd. of Educ., 114 F.3d 162, 166 (11th Cir. 1997) (citing Hogan v. Consol. Rail Corp., 961 F.2d 1021, 1025 (2d Cir. 1992)}. In addition, "Rule 54(b) certification 'must be reserved for the unusual case in which the costs and risks of multiplying the number of proceedings and of overcrowding the appellate docket are outbalanced by-pressing needs of the litigants for an early and separate judgment as to some claims or parties.' " Ebrahimi, 114 F.3d at 166 (quoting Morrison-Knudsen Co. v. Archer, 655 F.2d 962, 965 (9th Cir. 1981)). After careful review, the Court finds it unnecessary to depart from the general rule because Defendant ASB's need for a final judgment does not outweigh the costs and risks of multiple proceedings. As a result, the Court DECLINES to exercise its discretion and certify final judgment as to the dismissal Plaintiff's claims against Defendant ASB. Accordingly, Plaintiff's motion (Doc. 58) is DENIED.
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WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA