Douglas Ghee, as Personal Representative of the Estate of Billy Fleming v. Usable Mutual Insurance Company D/b/a…

Summary

The court dismissed the appeal because the circuit court's Rule 54(b) certification did not make the order final. Although the circuit court dismissed the pleaded state-law claim, it expressly allowed the plaintiff to amend the complaint to pursue relief under ERISA arising from the same underlying conduct, leaving the same cause of action potentially available under another legal theory. The court therefore lacked jurisdiction over the nonfinal order.