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INSINGA v. LaBELLA

No. 86-5906.

817 F.2d 1469 (1987)

John INSINGA, as Personal Representative of the Estate of Mildred Insinga, Deceased, Plaintiff-Appellant, v. Michelle LaBELLA, et al., Defendants, Humana, Inc., d/b/a Biscayne Medical Center, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 8, 1987.

Attorney(s) appearing for the Case

Joel D. Eaton, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, Fla., for plaintiff-appellant.

Henry Burnett, Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Daniel F. Beasley, Miami, Fla., for defendant-appellee.

Before RONEY, Chief Judge, HILL and KRAVITCH, Circuit Judges.

BY THE COURT:

On our own motion we have raised the question of whether this court has jurisdiction over this appeal. We conclude that where final judgment has been entered as to all defendants who have been served with process and only unserved defendants remain, the district court's order may be considered final under 28 U.S.C. § 1291 for purposes of perfecting an appeal.

Appellant John Insinga commenced this...

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