Tuesday, November 08, 2005

Eleventh Circuit Holds that Order Compelling Arbitration but Retaining Jurisdiction over Rule 11 Motion is Final Appealable Order

The Eleventh Circuit in Jackson v. Cintas Corp., 425 F.3d 1313 (11th Cir. Sep. 21, 2005) has recently published an opinion in which they held that an order dismissing a complaint and compelling arbitration is a final appealable decision even though the district court retains jurisdiction over a motion for sanctions under Rule 11:

"When it compelled arbitration, dismissed the complaint, and entered a judgment, the district court disposed of this case on the merits; no issues remained before the court. Although the district court retained jurisdiction to decide a motion for sanctions under Rule 11, that motion raised a collateral issue . . . . The district court entered a judgment and dismissed the entire case on the merits. That judgment was a final decision, even though the district court retained jurisdiction to decide a motion for sanctions. We, therefore, have jurisdiction to decide the merits of this appeal."

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