DR. AMR FAWZY, Plaintiff - Appellant,
WAUQUIEZ BOATS SNC, Defendant-Appellee. DR. AMR FAWZY, Plaintiff - Appellee,
WAUQUIEZ BOATS SNC, Defendant-Appellant.
Argued: September 15, 2017
from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
Alexander McKenzie Giles, SEMMES, BOWEN & SEMMES,
Baltimore, Maryland, for Appellant/Cross-Appellee.
Edward Hartman, III, HARTMAN & EGELI, LLP, Annapolis,
Maryland, for Appellee/Cross-Appellant.
O. Shaukat, SEMMES, BOWEN & SEMMES, Baltimore, Maryland,
R. Griffin, HARTMAN & EGELI, LLP, Annapolis, Maryland,
NIEMEYER, KING, and HARRIS, Circuit Judges.
NIEMEYER, Circuit Judge.
Fawzy commenced this action against Wauquiez Boats SNC, a
French partnership, alleging that a yacht that he purchased
from Wauquiez Boats in 2011 was defective. Invoking the
admiralty and maritime jurisdiction of the district court, as
conferred by 28 U.S.C. § 1333, he asserted claims for
"breach of a maritime contract" and for
"products liability under the general maritime
law." In response to a motion filed by Wauquiez Boats,
the district court dismissed the complaint under Federal Rule
of Civil Procedure 12(b)(1) for failing adequately to
demonstrate admiralty and maritime jurisdiction, denied
Wauquiez Boats' request for sanctions, and closed the
to the district court, Fawzy filed an amended complaint under
Federal Rule of Civil Procedure 15 roughly an hour before the
district court filed its order dismissing the case. Instead
of bringing the amended complaint to the attention of the
court, however, Fawzy appealed the district court's order
dismissing his original complaint, contending that the
district court erred in finding a lack of admiralty and
the amended complaint remains the operative complaint in the
district court and stands unaddressed by Wauquiez Boats or
the court, we conclude that the district court's order
dismissing the original complaint and denying sanctions was
not a final decision under 28 U.S.C. § 1291. We
therefore dismiss Fawzy's appeal, as well ...