Defect in Jurisdiction

By: Derek Hawkins//January 16, 2017//

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7^th Circuit Court of Appeals

Case Name: Raymond E. King v. Steven M. Newbold, et al

Case No.: 15-1302

Officials: WOOD, Chief Judge, ROVNER and SYKES, Circuit Judges.

Focus: Defect in Jurisdiction

A defect in appellate jurisdiction prevents us from reaching the merits of this appeal. The threshold jurisdictional question is simple: Did the district court abuse its discretion in granting an untimely motion for a Rule 54(b) judgment? Our precedent is clear: An untimely Rule 54(b) motion may be granted only if there is a showing of extreme hardship. Because there was no showing of hardship—let alone extreme hardship—we dismiss the appeal for lack of appellate jurisdiction.

Appeal Dismissed

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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