In Andrea M. Smith, et al v. American Honda Motor Co., Inc., No. 25-12608 (11th Cir. October 14, 2025), the plaintiffs originally filed their complaint against Dodd Sales, LLC, American Honda Motor Co., Inc. (“Honda”), and a third defend-ant, asserting various tort and breach of warranty claims. Andrea Smith and Tiffany Gailes appealed the district court’s February 26, 2025 order granting summary judgment in favor of Dodd Sales, LLC (“Dodd”) and its July 9, 2025 order denying the plaintiffs’ motion for reconsideration of the summary judgment ruling. The plaintiffs’ breach of warranty claim against Honda is the only claim remaining before the district court.
The United States Court of Appeals for the Eleventh Circuit reviewed the appeal and dismissed it sua sponte for lack of jurisdiction because the February 26 and July 9 orders were not final and appealable. The Court noted that those orders did not end the litigation on the merits — the breach of warranty claim against Honda remained pending — and the district court did not certify either of them for immediate appeal. Ther Court also noted that neither order was appealable under the collateral order doctrine because they are not effectively unreviewable on appeal from the final judgment.