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2. Should the appellate court hear the merits of the surgeon's appeal?
The surgeon has appealed the denial of the motion.
A patient domiciled in State A sued a surgeon domiciled in State B in a federal court in State A, alleging claims for malpractice. The surgeon moved to dismiss the action for lack of personal jurisdiction. The court denied the motion and set discovery cutoff and trial dates.
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In federal litigation, Federal Rule of Civil Procedure (FRCP) 54(b) may allow for an appeal when there is a final judgment on one claim but other claims in the same suit remain. The standard for this partial judgment rule is that the «court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay.» If the court does not expressly determine that there is no just reason for delay, there can be no appeal. Fed. R. Civ. P. 54(b)
A is correct. Appellate courts are courts of appellate jurisdiction, and therefore have jurisdiction only over appeals. Only final orders may be appealed to the appellate courts. Certain involuntary dismissals, such as those based on lack of jurisdiction, improper venue, or failure to join an indispensable party, do not operate as an adjudication on the merits. In this case, the defendant filed a motion to dismiss for lack of personal jurisdiction, which the court denied. The motion is not appealable because it is not a final order, and therefore, the appellate court does not have jurisdiction.
B is incorrect. A final order is one that disposes of the whole case on its merits by rendering final judgment, not only as to all the parties but also as to all causes of action involved. The district court's decision on the motion to dismiss was not a final or partial final order. The motion did not dispose of any claims or defenses on the merits.
C is incorrect. The denial of a motion to dismiss for lack of personal jurisdiction is not a final order, and so, is not appealable. However, if the district court had found there was no personal jurisdiction, the action would have terminated.
D is incorrect. As explained above, the denial of a motion to dismiss for lack of personal jurisdiction is not a final order and so is not appealable.