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Commercial Litigation and Arbitration

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Denial of Summary Judgment Motion Not Appealable after Trial on the Merits

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Turner v. Ramo, LLC, 2012 U.S. App. LEXIS 3568 (11th Cir. Feb. 23, 2012):

On appeal, the Ramo Company argues only that the district court erred in denying its pretrial motion for summary judgment. It is well-settled that we "will not review the pretrial denial of a motion for summary judgment after a full trial and judgment on the merits." Lind v. United Parcel Serv., Inc., 254 F.3d 1281, 1286 (11th Cir. 2001); see also Ortiz v. Jordan, ___ U.S. ___, 131 S. Ct. 884, 889 (2011) (resolving circuit split by concluding that a party may not "appeal an order denying summary judgment after a full trial on the merits").

Footnote 1. We need not address the Ramo Company's argument that a pretrial denial of summary judgment that raises purely legal questions is appealable. The issue the district court resolved at summary judgment-whether there was sufficient evidence from which a factfinder could reasonably infer that the aircraft transferred to the Ramo Company were not encumbered by a bona fide loan-did not present a pure question of law.

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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