112 F. 3d 516 -
112 F3d 516
112 F.3d 516
Dorothy GABAIG, Plaintiff-Appellant,
v.
Albert Jean GABAIG, aka Gabaig; the A.J. Gaibaig Family
Trust, Dated November 1, 1981; Charles P. Gabaig,
individually & as Trustee for the A.J. Gabaig Family Trust
dated November 1, 1981; Stuart Miller; George F. Clark;
Charles Waite; Louis Asavis; Martin E. Shucart,
Defendants-Appellees.
No. 96-55866.
United States Court of Appeals, Ninth Circuit.
Submitted April 21, 1997.*
Decided April 25, 1997.
Before: BROWINING, THOMPSON and HAWKINS, Circuit Judges.
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MEMORANDUM**
Dorothy Gabaig ("Dorothy") appeals the district court's summary judgment in favor of her stepson Charles Gabaig ("Charles") in her diversity action alleging that Charles, in defiance of a divorce court's order, fraudulently transferred several properties to strawmen who held the properties for the benefit of Dorothy's former husband. The district court ruled that all of Dorothy's claims are barred by the statute of limitations. We dismiss for lack of jurisdiction.
Dorothy appealed from the district order granting summary judgment in favor of Charles. This order did not dispose of all parties and all claims, and therefore it is not a final and appealable order pursuant to 28 U.S.C. § 1291. See Dannenburg v. Software Toolworks Inc., 16 F.3d 1073, 1074 (9th Cir.1994); Cheng v. Commissioner, 878 F.2d 306, 309 (9th Cir.1989). Moreover, the district court has not certified this order for direct appeal. See Fed.R.Civ.P. 54(b); Frank Briscoe Co. v. Morrison-Knudsen Co., 776 F.2d 1414, 1416 (9th Cir.1985). Therefore, we dismiss the appeal for lack of jurisdiction.
DISMISSED.