Opinion
22-6167
12-06-2022
PIZZA INN INC., Plaintiff - Appellee, v. FAWZI ODETALLAH, Defendant-Appellant.
(D.C. No. 5:21-CV-00322-PRW) (W.D. Okla.)
Before HOLMES, Chief Judge, BRISCOE, and BACHARACH, Circuit Judges.
ORDER
This matter is before the court on its October 25, 2022 jurisdictional show cause order and the separate responses filed by the parties. Upon consideration of the responses, the district court's docket, and the applicable law, the court dismisses this appeal for the reasons set forth below.
Appellant Fawzi (Allen) Odetallah challenges the district court's September 26, 2022 order granting partial summary judgment in favor of Appellee Pizza Inn, Inc. and holding that the only issue remaining for trial was Pizza Inn's damages. The district court also ruled in Pizza Inn's favor on the counterclaims asserted by Mr. Odetallah. It appears the district court has not yet set a trial date.
Generally, this court's jurisdiction is limited to final decisions of the district courts. 28 U.S. § 1291. A final decision is one that "ends the litigation on the merits and leaves nothing more for the court to do but execute the judgment." Cunningham v. Hamilton Cnty., Ohio, 527 U.S. 198, 204 (1999). It "must reflect the termination of all matters as to all parties and causes of action." Montez v. Hikenlooper, 640 F.3d 1126, 1132 (10th Cir. 2011) (internal quotations omitted). "[A]n order that determines liability but leaves damages to be calculated is not final." Harbert v. Healthcare Servs. Grp., Inc., 391 F.3d 1140, 1145 (10th Cir. 2004); see also Cook v. Rockwell Int'l Corp., 618 F.3d 1127, 1137 (10th Cir. 2010) (same).
Here, the district court's September 26 order is not final because damages have yet to be determined by a jury. Thus, the court lacks jurisdiction over this appeal. Appellant's arguments in response to the court's jurisdictional challenge do not persuade the court otherwise.
APPEAL DISMISSED.