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No. 15-1706
Appeal from the United States District Court for the District of
South Carolina, at Florence.
Bruce H. Hendricks, District
Judge. (4:12-cv-03436-BHH)
Submitted:
Decided:
PER CURIAM:
Daniel Watson (Watson), as personal representative of the
estate of David Watson (David), filed separate wrongful death
and survival actions against Robert Adams; Eric Hewitt; Leslie
Davis; the South Carolina Department of Public Safety; and the
Town
of
Chesterfield,
Defendants).
South
Carolina
(collectively,
and
state
prompted
consolidated
in
consent
motion,
parties
and
the
on
law
torts
Davids
district
the
subject
against
David,
suicide.
court
ground
matter.
These
pursuant
that
they
In
which
cases
to
the
involved
response
Watson
to
were
parties
the
same
Defendants
now
seeks
to
appeal
the
district
courts
obliged
to
inquire
sua
sponte
into
matters
order
Because we
of
our
own
For
the
reasons
appeal.
that
follow,
we
dismiss
the
We
may
exercise
jurisdiction
28 U.S.C.
1291
(2012),
collateral
orders,
28
and
U.S.C.
only
over
certain
1292
final
orders,
interlocutory
(2012);
Fed.
R.
Civ.
and
P.
54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 54547 (1949).
ends the litigation on the merits and leaves nothing for the
court to do but execute the judgment.
Cent.
Pension
Fund,
134
S.
Ct.
773,
779
(2014)
(internal
the
district
court
has
entered
judgment
in
In
case-by-case
approach
to
determining
whether
U.S.C.
1291.
determination
must
Id.
be
made
at
39.
by
We
seeking
recognized
guidance
that
from
the
several
such
on
one
as
for
claim
discovery
may
affect
Id.
and
the
trial,
rights
and
of
whether
the
the
parties
While
Watson
certification
argues
under
Fed.
that
the
R.
Civ.
appeal
is
appropriate
P.
54(b)
and
for
Braswell
Shipyards, Inc. v. Beazer E., Inc., 2 F.3d 1331 (4th Cir. 1993),
Watson
did
not
seek,
and
the
district
court
did
not
grant,
1292(b).
considerations
Nevertheless,
underlying
Rule
Eggers
54(b)
acknowledged
certification
that
may
be
See 11 F.3d at
39 n.5.
We have reviewed the parties arguments in view of Eggers
and
Braswell
Shipyards
interlocutory.
Watsons
and
conclude
wrongful
that
death
and
the
appeal
survival
is
actions
The
Additionally, while
with
we
oral
dismiss
argument
for
lack
because
of
the
jurisdiction.
facts
and
We
legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED