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McADAMS v. McCORD

No. 07-3169.

533 F.3d 924 (2008)

Joseph McADAMS; JBM, LLC; Florian Homm; Absolute Return Europe Fund, Ltd; The Loyr Foundations; Europe Catalyst Fund; Richard Smyth, Appellants, v. William McCORD; Daniel Moudy, Appellees, Lynn Bradley; David Colwell, Defendants, Moore Stephens Frost, PLC, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2008.

Attorney(s) appearing for the Case

J. Allen Carney, argued, Marcus N. Bozeman, Tiffany Wyatt Oldham, and T. Brent Walker, Little Rock, AR, Glenn A. Delk, on the brief, Atlanta, GA, for appellant.

Christian R. Bartholomew, argued, Washington, D.C., for Moore Stephens Frost, R. Christopher Lawson, argued, Fayetteville, AR, for McCord and Moudy, David D. Wilson, on the brief, Little Rock, AR, for appellees.

Before GRUENDER, BALDOCK and BENTON, Circuit Judges.

GRUENDER, Circuit Judge.

This is an appeal from an order of the district court granting the appellees' motions to dismiss after the district court entered final judgment under Federal Rule of Civil Procedure 54(b). For the reasons discussed below, we find that district court abused its discretion by entering final judgment under Rule 54(b) and dismiss the appeal for lack of jurisdiction.

I. BACKGROUND

UCAP, Inc. ("UCAP") was a multi-state provider...

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