Tracy Ullery, as Special Administrator of the Estate of Jamie Ullery, and Kristopher Ullery v. Darren Othick…

Summary

The court held that a district court may certify an earlier order adjudicating fewer than all claims or parties as a final judgment after the order was entered, provided the certification expressly determines that there is no just reason for delay and is memorialized in a filed journal entry. Because the February order was not final or appealable when entered, the July certification created an appealable judgment and the plaintiffs’ notice of appeal was timely. The court vacated the dismissal for lack of jurisdiction and remanded for consideration of the merits.