Ortiz v. Jordan — Thomas, J., Concurring

Summary

Justice Thomas concurs in the judgment, agreeing that an order denying summary judgment is generally unappealable after a full trial on the merits. However, he believes the Court should have decided the case on jurisdictional grounds alone without addressing the failure to renew motions for judgment as a matter of law under Rule 50(b). He notes the Court of Appeals lacked jurisdiction because the time for appeal expired before trial and the appellate court erred in reviewing the pretrial summary judgment order.