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Fawzy v. Wauquiez Boats SNC

United States Court of Appeals, Fourth Circuit

October 12, 2017

DR. AMR FAWZY, Plaintiff - Appellant,
v.
WAUQUIEZ BOATS SNC, Defendant-Appellee. DR. AMR FAWZY, Plaintiff - Appellee,
v.
WAUQUIEZ BOATS SNC, Defendant-Appellant.

          Argued: September 15, 2017

         Appeal from the United States District Court for the District of Maryland, at Baltimore. Richard D. Bennett, District Judge. (1:16-cv-03363-RDB)

         ARGUED:

          Alexander McKenzie Giles, SEMMES, BOWEN & SEMMES, Baltimore, Maryland, for Appellant/Cross-Appellee.

          C. Edward Hartman, III, HARTMAN & EGELI, LLP, Annapolis, Maryland, for Appellee/Cross-Appellant.

         ON BRIEF:

          Imran O. Shaukat, SEMMES, BOWEN & SEMMES, Baltimore, Maryland, for Appellant/Cross-Appellee.

          John R. Griffin, HARTMAN & EGELI, LLP, Annapolis, Maryland, for Appellee/Cross-Appellant.

          Before NIEMEYER, KING, and HARRIS, Circuit Judges.

          NIEMEYER, Circuit Judge.

         Dr. Amr 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 case.

         Unbeknownst 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 maritime jurisdiction.

         Because 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 ...


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