Limited Issue, Limited Remand
May 26, 2026
In Simmons v. Brotherhood Mutual Insurance Co., the Fifth Circuit confronted an ambiguous district-court order resolving competing motions for partial summary judgment in an insurance-coverage dispute. Rather than dismissing the appeal for want of final judgment, the court ordered a remand “for the limited purpose of permitting the district court to issue final judgment” within fourteen days while retaining jurisdiction over the appeal. That procedure allows the district court to enter a final judgment to support § 1291 jurisdiction without requiring a new notice of appeal or additional appellate briefing. No. 25-30463 (May 15, 2026).