IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-20736
Summary Calendar
LAWRENCE P. MILES,
Plaintiff-Appellant,
versus
SUNBELT NATIONAL BANK, ET AL.,
Defendants,
SUNBELT NATIONAL BANK,
LAUREN I. SCHVERAK and
MICHAEL B. MASSEY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CA-H-92-1246
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June 13, 1996
Before REAVLEY, DUHÉ and WIENER, Circuit Judges.
PER CURIAM:*
This court must examine the basis of its jurisdiction on its
own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). We earlier held that the district court’s orders
granting partial summary judgment, granting a protective order,
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-20736
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and dismissing Lawrence Miles’s claims were not appealable final
judgments. Our earlier holding constitutes the law of the case,
Chevron U.S.A., Inc. v. Traillour Oil Co., 987 F.2d 1138, 1150
(5th Cir. 1993); Miles may not appeal those orders.
Miles filed no notice of appeal following the district
court’s order closing his case. Even though the closing of the
case did not dispose of the counterclaim, it was nevertheless a
final order. See Lewis v. Beddingfield, 20 F.3d 123, 124 (5th
Cir. 1994)(indefinite stay of suit is final order); Johnson v.
Texas, 878 F.2d 904, 905 (5th Cir. 1989). We lack jurisdiction
to review that order. United States v. Carr, 979 F.2d 51, 55
(5th Cir. 1992).
Miles’s mandamus request is DENIED as moot. His motion to
expedite his appeal also is DENIED as moot.
APPEAL DISMISSED.