Wahl v. Bellissimo, 86-1475
| Decision Date | 05 October 1987 |
| Docket Number | No. 86-1475,86-1475 |
| Citation | 831 F.2d 298 |
| Parties | Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. Edward WAHL, Plaintiff-Appellee, v. S. James BELLISSIMO, III, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Before KEITH, MILBURN and ALAN E. NORRIS, Circuit Judges.
The appeal of this action came on to be heard on October 2, 1987, at which time counsel for the defendant-appellant conceded during oral argument, as is shown by the record, that a final judgment has not been entered in the district court inasmuch as the district court bifurcated the issues of liability and damages, and only the issue of liability has been decided to date by the district court. As the issue of damages has not been determined by the district court, no appealable final judgment has been entered in the district court. See Rudd Constr. Equip Co., Inc. v. Home Ins. Co., 711 F.2d 54, 56 (6th Cir. 1983) (). See also Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737 (1976).
Accordingly, it is ORDERED that this appeal be and it hereby is dismissed, and this case is remanded to the district court.
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