United States District Court, M.D. Florida, Tampa Division
TONY L. THOMAS, JR., Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
JUDGMENT IN A CIVIL CASE
by Court. This action came before the Court and a
decision has been rendered.
IS ORDERED AND ADJUDGED that judgment is entered in
favor of the Commissioner of Social Security.
of Appeals have jurisdiction conferred and strictly limited
Appeals from final orders pursuant to 28 U.S.C.
final orders and judgments of district courts, or final
orders of bankruptcy courts which have been appealed to and
fully resolved by a district court under 28 U.S.C. Section
158, generally are appealable. A final decision is one that
“ends the litigation on the merits and leaves nothing
for the court to do but execute the judgment.”
Pitney Bowes, Inc. V. Mestre, 701 F.2d 1365, 1368
(11th Cir. 1983). A magistrate judge's report and
recommendation is not final and appealable until judgment
thereon is entered by a district court judge. 28 U.S.C.
In cases involving multiple parties or multiple
claims, a judgment as to fewer than all parties or
all claims is not a final, appealable decision unless the
district court has certified the judgment for immediate
review under Fed.R.Civ.P. 54(b), Williams v. Bishop,
732 F.2d 885, 885-86 (11th Cir. 1984). A judgment which
resolves all issues except matters, such as attorneys'
fees and costs, that are collateral to the merits, is
immediately appealable. Budinich v. Becton Dickinson
& Co., 486 U.S. 196, 201, 108 S.Ct. 1717, 1721-22,
100 L.Ed.2d 178 (1988); LaChance v. Duffy's Draft
House, Inc., 146 F.3d 832, 837 (11th Cir. 1998).
Appeals pursuant to 28 U.S.C. Section
are permitted from orders “granting, continuing,
modifying, refusing or dissolving injunctions or refusing to
dissolve or modify injunctions...” and from
“[i]nterlocutory decrees...determining the rights and
liabilities of parties to admiralty cases in which appeals
from final decrees are allowed.” Interlocutory appeals
from orders denying temporary restraining orders are not
Appeals pursuant to 28 U.S.C.Section1292(b) and Fed.
R. App. P.5:
certification specified in 28 U.S.C. Section 1292(b) must be
obtained before a petition for permission to appeal is filed
in the Court of Appeals. The district court's denial of a
motion for certification is not itself appealable.
Appeals pursuant to judicially created exceptions to
the finality rule:
exceptions are discussed in cases including, but not limited
to: Cohen V. Beneficial Indus. Loan Corp., 337 U.S.
541, 546, 69 S.Ct. 1221, 1225-26, 93 L.Ed. 1528 (1949);
Atlantic Fed. Sav. & Loan Ass'n v. Blythe Eastman
Paine Webber, Inc., 890 F.2d 371, 376 (11th Cir. 1989);
Gillespie v. United States Steel Corp., 379 U.S.
148, 157, 85 S.Ct. 308, 312, 13 L.Ed.2d 199 (1964).