Microtech Knives Inc. v. Jon Janecek - Eleventh Circuit Opinion
Summary
The Eleventh Circuit Court of Appeals dismissed Microtech Knives, Inc.'s appeal for lack of jurisdiction. The court found that the appealed judgment was not final because claims between Microtech and defendant Jon Janecek remained unresolved, rendering the appeal premature.
What changed
The Eleventh Circuit Court of Appeals, in the case of Microtech Knives, Inc. v. Jon Janecek (Docket No. 26-10096), sua sponte dismissed the appeal for lack of jurisdiction. The court determined that the district court's summary judgment order was not a final decision because Microtech's claims against Jon Janecek and Janecek's counterclaims were still pending. A stipulation of voluntary dismissal was ineffective as it was not signed by all appearing parties, including Outdoors Online, LLC.
This dismissal means the appeal cannot proceed at this stage. For legal professionals involved in this case, the immediate implication is that the underlying litigation must be fully resolved at the district court level before any appeal can be considered. Parties should ensure all claims and counterclaims involving all named defendants are properly adjudicated or dismissed according to procedural rules before filing an appeal to avoid dismissal for lack of finality.
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March 11, 2026 Get Citation Alerts Download PDF Add Note
Microtech Knives, Inc. v. Jon Janecek
Court of Appeals for the Eleventh Circuit
- Citations: None known
- Docket Number: 26-10096
- Precedential Status: Non-Precedential
Nature of Suit: NEW
Combined Opinion
USCA11 Case: 26-10096 Document: 18-1 Date Filed: 03/11/2026 Page: 1 of 3
NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
No. 26-10096
Non-Argument Calendar
MICROTECH KNIVES, INC.,
Plaintiff-Counter Defendant-Appellant,
versus
OUTDOORS ONLINE, LLC,
Defendant-Cross Claimant-Appellee,
JON JANECEK,
Defendant-Counter Claimant
- Cross Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:23-cv-04381-VMC
Before JORDAN, BRASHER, and KIDD, Circuit Judges.
PER CURIAM:
USCA11 Case: 26-10096 Document: 18-1 Date Filed: 03/11/2026 Page: 2 of 3
2 Opinion of the Court 26-10096
This appeal is DISMISSED, sua sponte, for lack of
jurisdiction.
Plaintiff Microtech Knives, Inc. (“Microtech”) appeals from
the district court’s summary judgment entered in favor of
Outdoors Online, LLC (“Outdoors”), one of two defendants in this
action. The other defendant, Jon Janecek, asserted counterclaims
against Microtech.
The appealed judgment is not final because Microtech’s
claims against Janecek and Janecek’s counterclaims remain
unresolved. See 28 U.S.C. § 1291; CSX Transp., Inc. v. City of Garden
City, 235 F.3d 1325, 1327 (11th Cir. 2000) (explaining that a final
judgment ends the litigation on the merits and leaves nothing for
the district court to do but execute the judgment); Supreme Fuels
Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012)
(explaining that an order disposing of fewer than all claims is not
final). Microtech and Janecek’s stipulation of voluntary dismissal
as to the claims between them was ineffective to terminate those
claims because the stipulation was not signed by Outdoors, who
appeared in the action before the stipulation was filed. Fed. R. Civ.
P. 41(a)(1)(A)(ii); City of Jacksonville v. Jacksonville Hosp. Holdings,
L.P., 82 F.4th 1031, 1038 (11th Cir. 2023) (holding that a stipulation
of voluntary dismissal requires a signature from all parties who
have appeared, including dismissed parties, to be effective).
Because Microtech’s claims against Janecek and Janecek’s
counterclaims remain pending, the judgment did not end the
USCA11 Case: 26-10096 Document: 18-1 Date Filed: 03/11/2026 Page: 3 of 3
26-10096 Opinion of the Court 3
litigation on the merits, and we lack jurisdiction to review it. See
Sargeant, 689 F.3d at 1246.
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