THOMAS v. NAT. LEGAL., 08-7084 (Fed. Cir. 10-15-2008)
Roy Thomas, Appellee v. National Legal Professional Associates, et al.,Appellants.
No. 08-7084.United States Court of Appeals, District of Columbia Circuit.
Filed On: October 15, 2008.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] BEFORE: Sentelle, Chief Judge, and Randolph and Rogers, Circuit Judges.
Per Curiam
ORDER
Upon consideration of the motion to dismiss appeal and the response thereto, it is
ORDERED that the motion to dismiss be granted. The challenged order granted judgment for appellee, awarding a specific amount of compensatory damages. The district court's judgment is not final, however, because the issue of punitive damages was expressly left unresolved by the terms of that order. See, e.g., Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 744
(1976). Appellant's reliance upon Fed.R.App. 4(a)(2) is misplaced and does not support its contention that this appeal should be "considered timely filed when the punitive damages issue is resolved, thereby alleviating the need to dismiss the instant appeal." Because the challenged order is neither final nor immediately appealable, this appeal is dismissed.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.Page 1