Flashcards Studio

A construction owner sued a general contractor and an architect in federal court. The complaint asserted breach of contract against the contractor, negligence against the architect, and indemnity against both defendants. The district court granted summary judgment for the architect on the negligence claim but left the contract and indemnity claims pending. The court's order stated only, "Plaintiff may appeal this ruling now." It did not direct entry of judgment or say there was no just reason for delay.
Twenty-five days after the order, the owner filed a notice of appeal from the architect ruling. The contractor then filed a Rule 59 motion directed at a separate partial judgment entered against it on liability. The owner argues that the court of appeals can review the architect ruling immediately because it ended the claim against that defendant and because the notice was filed within 30 days.
Should the court of appeals hear the appeal now? Discuss finality, Rule 54(b), the notice-of-appeal deadline, and the effect of post-judgment motions on appeal timing.