Todd Conley v. Daniel S. Vacanti
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 9, 2026
Docket26-11956
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 26-11956
Non-Argument Calendar
____________________
TODD CONLEY,
Plaintiff-Counter Defendant-Appellant,
versus
DANIEL S. VACANTI,
ACTIONABLEAGILE, LLC,
DANIEL S. VACANTI, INC.,
Defendants-Counter Claimants-Appellees,
AMH ALBA, LLC,
ANN VACANTI,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 0:23-cv-60384-AHS
____________________
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2 Opinion of the Court 26-11956
Before NEWSOM, LUCK, and KIDD, Circuit Judges.
PER CURIAM:
Todd Conley, proceeding pro se, appeals from the district
court’s March 31, 2026 and April 6, 2026 orders awarding attorney’s
fees to the defendants.
A jurisdictional question asked the parties to address
whether those orders are final or otherwise appealable, and
specifically whether the district court resolved Daniel Vacanti’s
counterclaim against Conley. The defendants respond that the
orders are neither final nor appealable under the collateral order
doctrine. Conley responds that the orders are final post-judgment
orders.
We lack jurisdiction over this appeal because the orders are
not final or otherwise appealable. The district court action is not
final because the district court did not address, let alone resolve,
Daniel Vacanti’s counterclaim. 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 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). The orders are
not appealable under the collateral order doctrine because they are
effectively reviewable on appeal from a final judgment, as delaying
review until then would not imperil a substantial interest. See
Acheron Cap., Ltd. v. Mukamal, 22 F.4th 979, 989 (11th Cir. 2022)
(explaining that, among other requirements, an order must be
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26-11956 Opinion of the Court 3
effectively unreviewable on appeal from a final judgment to be
appealable under the collateral order doctrine); Mohawk Indus., Inc.
v. Carpenter, 558 U.S. 100, 107 (2009) (explaining that the collateral
order doctrine applies when delayed review of an order “would
imperil a substantial public interest or some particular value of a
high order”).
Accordingly, this appeal is DISMISSED for lack of
jurisdiction.