A T & T Wireless PCS v. City of Atlanta
| Decision Date | 25 August 2000 |
| Docket Number | No. 99-12261,99-12261 |
| Citation | 223 F.3d 1324 |
| Parties | (11th Cir. 2000) AT&T WIRELESS PCS, INC., Plaintiff-Appellant, v. CITY OF ATLANTA, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
Appeal from the United States District Court for the Northern District of Georgia.(No. 98-00962-1-CV-JEC), Julie E. Carnes, Judge.
Before CARNES, BARKETT and WILSON, Circuit Judges.
We vacate our previous opinion, AT&T Wireless PCS, Inc. v. City of Atlanta, 210 F.3d 1322 (11th Cir.2000), and dismiss this appeal because we lack jurisdiction.
Our previous opinion vacated the district court's denial of appellant's motion for summary judgment on its 42 U.S.C. 1983 and 1988 claims. After issuing our opinion, it came to our attention that the district court never disposed of AT & T Wireless's substantive due process claims. Hence, the district court's judgment was not final. See Beluga Holding, Ltd. v. Commerce Capital Corp., 212 F.3d 1199, 1200 (11th Cir.2000) ().
This was not a permissible appeal from an interlocutory order of the district court. Therefore, we lack jurisdiction absent a final judgment. See 28 U.S.C. 1291 and 1292. We thus vacate our previous opinion and dismiss this appeal.
To continue reading
Request your trial
-
Verizon North, Inc. v. Strand
... ... at 581, 105 S.Ct. 3325). See also Kardules v. City of Columbus, 95 F.3d 1335, 1344 (6th Cir.1996). A case is "fit for judicial decision" where the ... Even in AT & T Wireless PCS, Inc. v. City of Atlanta, 210 F.3d 1322, 1329-30 (11th Cir.2000), vacated on other grounds, ... ...
-
Nextel Partners Inc. v. Kingston Tp.
... ... wireless telecommunications joint venture, wishes to construct a personal wireless communications tower on ... See AT&T Wireless PCS, Inc. v. City of Atlanta, 210 F.3d 1322 (11th Cir.2000), vacated on other grounds, 223 F.3d 1324 (11th ... ...
-
Southwestern Bell Telephone Co. v. City of El Paso
...(quoting Hagans v. Lavine, 415 U.S. 528, 537, 94 S.Ct. 1372, 39 L.Ed.2d 577 (1974)). 44. Compare, e.g., AT&T Wireless PCS, Inc. v. City of Atlanta, 223 F.3d 1324 (11th Cir.2000) (finding a remedy under § 1983 for a violation of the plaintiff's rights under the FTA), vacated for lack of juri......
- Daughtrey v. Rivera (In re Daughtrey)