Emerson Thomas v. Marian Basham, 931 F.2d 521 (8th Cir. 1991). · Go Syfert
Emerson Thomas v. Marian Basham, 931 F.2d 521 (8th Cir. 1991). Cases Citing This Book View Copy Cite
210 citation events (166 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Cited for
At page 522 Federal court obligation to consider jurisdiction sua sponte88 citing cases35 listed here
  • Kaminski v. State of Oklahoma, No. 1:25-cv-00149 (E.D. Mo. Sept. 17, 2025).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Amthor v. Grayson, No. 4:25-cv-01085 (E.D. Mo. Aug. 22, 2025).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Davis v. Hearne, No. 4:25-cv-00746 (E.D. Mo. July 31, 2025).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Germany v. US Bank, No. 4:25-cv-00405 (E.D. Mo. Apr. 15, 2025).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Greene v. 430 South Los Angeles Street, LLC, No. 4:25-cv-00341 (E.D. Mo. Mar. 31, 2025).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Greene v. Rite Aid - Culver City, No. 4:25-cv-00300 (E.D. Mo. Mar. 27, 2025).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Koritz v. Gust, No. 4:24-cv-01093 (E.D. Mo. Sept. 18, 2024).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • F&M Bank v. Schemming, No. 1:23-cv-00105 (N.D. Iowa Feb. 29, 2024).
    In fact, every federal court “has a 1 special obligation to consider its own jurisdiction” and raise sua sponte jurisdictional issues “when there is an indication that jurisdiction is lacking, even if the parties concede the issue.” Thomas…
  • Spinks v. Freeman, No. 4:23-cv-01620 (E.D. Mo. Feb. 20, 2024).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Hurt v. GMC Auto Sales, No. 4:23-cv-00909 (E.D. Mo. Sept. 21, 2023).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
Show 25 more citing cases
  • Smith v. Burgess, No. 4:23-cv-00386 (E.D. Mo. July 13, 2023).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Goode v. Univ. City Courts, No. 4:23-cv-00804 (E.D. Mo. July 13, 2023).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Ross v. Lehman, No. 4:23-cv-00419 (E.D. Mo. Apr. 18, 2023).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Blanchard v. Miller, No. 4:23-cv-00219 (E.D. Mo. Apr. 4, 2023).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Jones v. Bloomingdales.com, LLC, No. 4:22-cv-01095 (E.D. Mo. Mar. 30, 2023).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Witham v. Emp. Appeal Bd., No. 1:21-cv-00114 (N.D. Iowa Dec. 22, 2022).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Hunter v. Title Max, No. 4:22-cv-01046 (E.D. Mo. Dec. 2, 2022).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Kizer v. Gill, No. 4:22-cv-00831 (E.D. Mo. Sept. 29, 2022).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Lauing v. Rapid City, Pierre & E. R.R., Inc., No. 3:19-cv-03006 (D.S.D. Apr. 21, 2022).
    Thomas v. Basham, 931 F.2d 521, 522-23 (8th Cir. 1991).
  • Saddler v. Hong, No. 4:21-cv-01185 (E.D. Mo. Jan. 18, 2022).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Phillips v. Bloom, No. 4:21-cv-01250 (E.D. Mo. Dec. 22, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Phillips v. Curtright, No. 4:21-cv-01044 (E.D. Mo. Nov. 29, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Graville v. United States, No. 4:21-cv-00913 (E.D. Mo. Nov. 1, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Gabar v. Patterson, No. 4:21-cv-00463 (E.D. Mo. Oct. 25, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Williams v. Unemployment Sec., No. 4:20-cv-01756 (E.D. Mo. Aug. 30, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Martin v. St. Louis City Fam. Court, No. 4:21-cv-00958 (E.D. Mo. Aug. 13, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Martin v. Legal Servs. - E. Missouri Inc., No. 4:21-cv-00957 (E.D. Mo. Aug. 4, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Howard v. NewRez, LLC, No. 4:21-cv-00522 (E.D. Mo. July 14, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Williams v. Unemployment Sec., No. 4:20-cv-01756 (E.D. Mo. July 7, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Gabar v. Patterson, No. 4:21-cv-00463 (E.D. Mo. June 30, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Edwards v. Mackaffee, No. 4:21-cv-00100 (E.D. Mo. May 11, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Hovis v. Frisch, No. 4:20-cv-01369 (E.D. Mo. Feb. 10, 2021).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Hovis v. Frisch, No. 4:20-cv-01369 (E.D. Mo. Dec. 1, 2020).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Davis v. Kemper Life Ins. Co., No. 4:20-cv-00024 (E.D. Mo. June 15, 2020).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
  • Brown-Towns v. Kamari, No. 4:20-cv-00185 (E.D. Mo. May 5, 2020).
    Thomas v. Basham, 931 F.2d 521, 522 (8th Cir. 1991).
At page 523 Determining finality of judgment for appeal under rule 54(b)88 citing cases“jurisdiction issues will be raised sua sponte by a federal court when there is an indication that jurisdiction is lacking, even if the parties concede the issue.”16 citing courts quote it · 15 listed here
  • Guenther v. Kimmell, No. 3:19-cv-05087 (W.D. Mo. Apr. 14, 2020).
    ([J]urisdiction issues will be raised sua sponte by a federal court when there is an indication that jurisdiction is lacking, even if the parties concede the issue.)
  • Paul Stehley v. Travelers Home & Marine Ins. Co., No. 24-2772 (8th Cir. Nov. 6, 2025).unpublished
    Nonetheless, we must assure ourselves of our jurisdiction, “even [when] the parties concede the issue.” Krein v. Norris, 250 F.3d 1184 , 1187 (8th Cir. 2001) (quoting Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991)).
  • Coon v. DCI Credit Servs., No. 1:25-cv-00094 (D.N.D. Aug. 1, 2025).
    Co., 440 F.3d 920, 923 (8th Cir. 2006) (quoting Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991)).
  • Rocket Mortg., LLC v. Roth, No. 4:23-cv-04207 (D.S.D. July 2, 2024).
    “Even if the parties do not raise a jurisdictional issue, it is the court’s duty to raise the issue of its own accord, or sua sponte.” Id. (citing Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991)).
  • James Aery v. Robert Billings, No. 23-3058 (8th Cir. Apr. 26, 2024).unpublished
    (stating that appellate court has obligation to raise jurisdictional issues sua sponte; appealable order typically ends litigation on merits and leaves nothing for court to do but execute judgment)
  • Larry Jones v. Akeisha Walker, No. 23-1824 (8th Cir. Feb. 23, 2024).unpublished
    See 28 U.S.C. § 1291 ; SD Voice v. Noem, 987 F.3d 1186, 1191-92 (8th Cir. 2021); Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991).
  • Christians v. Young, No. 4:20-cv-04083 (D.S.D. Oct. 17, 2023).
    Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991).
  • Owan v. Equinor Energy, LP, No. 1:20-cv-00116 (D.N.D. Sept. 27, 2022).
    Bradley v. American Postal Workers Union, AFL–CIO, 962 F.2d 800 , 802 n. 3 (8th Cir.1992); Thomas v. Basham, 931 F.2d 521, 523 (8th Cir.1991); Jader v. Principal Mut.
  • United States v. Timothy O'Laughlin, 31 F.4th 1042 (8th Cir. 2022).published
    We must consider our own jurisdiction “even if the parties concede the issue,” Thomas v. United Steelworkers Loc. 1938, 743 F.3d 1134, 1139 (8th Cir. 2014) (quoting Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991)), as they do here.
  • William Adams v. City of Lincoln, No. 21-1862 (8th Cir. Nov. 17, 2021).unpublished
    We conclude that the order granting summary judgment to the City of Lincoln and its officers Joseph Villamont and Daniel Dufek was not final, as it did not dispose of the claims against Capital Towing, Inc. See 28 U.S.C. § 1291 ; Thomas v.…
Show 5 more citing cases
  • Brian Hutchcroft-Darling v. Jerry Vander Sanden, No. 20-2312 (8th Cir. Mar. 17, 2021).unpublished 2 cites
    (stating that an appeal was premature when some claims remained pending)
  • SD VOICE v. Kristi Noem, 987 F.3d 1186 (8th Cir. 2021).published
    Salom v. Bill’s Rentals, Inc., 251 F.3d 718, 720 (8th Cir. 2001); Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991).
  • Nelson v. Minnesota Dep't of Corr., No. 1:20-cv-00155 (D.N.D. Nov. 2, 2020).
    (stating that federal courts are obligated to consider their jurisdiction and shall raise jurisdictional issues sua sponte when there is an indication that jurisdiction is lacking, even if the parties concede the issue)
  • PNC Bank, Nat'l Ass'n v. Cisco Sys., Inc., No. 4:20-cv-00882 (E.D. Mo. July 1, 2020).
    Co., 440 F.3d 920, 923 (8th Cir. 2006) (quoting Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991)).
  • PNC Bank, Nat'l Ass'n v. MAC Meetings & Events, L.L.C., No. 4:18-cv-01967 (E.D. Mo. July 1, 2020).
    Co., 440 F.3d 920, 923 (8th Cir. 2006) (quoting Thomas v. Basham, 931 F.2d 521, 523 (8th Cir. 1991)).
Retrieving the full opinion text from the archive…
Emerson THOMAS, Appellant,
v.
Marian BASHAM, Appellee
90-2450WM.
Court of Appeals for the Eighth Circuit.
May 2, 1991.
Published opinion
931 F.2d 521
1991 U.S. App. LEXIS 8177
1991 WL 67047
Daniel Dodson, Jefferson City, Mo., for appellant., Bruce Farmer, Jefferson City, Mo., for appellee.
McMillian, Wollman, Peck.
Cited by 183 opinions  |  Published
McMILLIAN, Circuit Judge.

Emerson Thomas appeals from an order entered in the District Court [1] for the Western District of Missouri granting summary judgment in favor of Marian Basham. Thomas v. Basham, No. 88-4600-CV-C-5 (W.D.Mo. July 26, 1990) (order granting summary judgment). For the reasons discussed below, we dismiss the appeal for lack of appellate jurisdiction.

Thomas is an inmate at the Missouri State Penitentiary; Basham is the prison mailroom supervisor. A dispute arose between Thomas and Basham concerning certain prison mailroom regulations. On July 30, 1986, Thomas sent Basham a letter in which he stated that Basham was “an unstable state employee” and suggested that she should seek professional help because she suffered from “either brain damage or an acute case of lunacy — or a combination of both.” On September 11, 1986, Basham issued a conduct violation for Thomas because th» letter contained insulting and abusive language. Following a hearing, the prison authorities disciplined Thomas for using abusive language in the letter.

On December 28, 1988, Thomas then filed this civil rights action in federal district court seeking declaratory and injunc-tive relief and damages for the disciplinary violation. Basham responded by filing a two-count state law counterclaim against Thomas. [2] On July 2, 1990, both parties moved for summary judgment. On July 26, 1990, the district court granted Bas-ham’s motion for summary judgment and denied Thomas’s motion. On August 28, 1990, Thomas filed a notice of appeal. Subsequently, on October 10, 1990, the district court dismissed one of Basham’s counterclaims without prejudice and, on October 24, 1990, dismissed Basham’s remaining counterclaim without prejudice. Thomas did not, however, file a new notice of appeal.

The federal courts are courts of limited, not general, jurisdiction. See, e.g., Bender v. Williamsport Area School District, 475 U.S. 534, 541, 106 S.Ct. 1326, 1331, 89 L.Ed.2d 501 (1986). Thus, every[*523] federal appellate court has a special obligation to consider its own jurisdiction. Id,.; see also Alumax Mill Products, Inc. v. Congress Financial Corp., 912 F.2d 996, 1002 (8th Cir.1990). In fact, jurisdiction issues will be raised sua sponte by a federal court when there is an indication that jurisdiction is lacking, even if the parties concede the issue. E.g., Hughes v. Patrolmen’s Benevolent Ass’n, 850 F.2d 876, 881 (2d Cir.), cert. denied, 488 U.S. 967, 109 S.Ct. 495, 102 L.Ed.2d 532 (1988). Basham argues that this court lacks appellate jurisdiction because Thomas filed a premature notice of appeal. She argues that at the time Thomas filed his notice of appeal on August 28, 1990, she still had two counterclaims pending. Thus, Basham argues the district court’s July 26, 1990, order granting summary judgment was not a final and appealable order. We agree.

Under the final judgment rule, courts of appeals have jurisdiction of appeals from all final decisions of the district courts “except where a direct review may be had in the Supreme Court.” 28 U.S.C. § 1291. Generally, a district court decision is final when “the district court has rendered a decision that ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ ” Towers Hotel Corp. v. Rimmel, 871 F.2d 766, 769 (8th Cir.1989), citing Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945). In the present case, the notice of appeal filed on August 28, 1990, was clearly premature. The grant of summary judgment on July 26, 1990, was not a final judgment because Basham’s counterclaims were still outstanding. The judgment was not final until October 24, 1990, when the district court dismissed Basham’s second counterclaim. Thomas did not file a new notice of appeal within 30 days after the date of entry of the judgment as required by Fed.R.App.P. 4(a)(1).

Nor did the district court certify the grant of summary judgment under Fed.R. Civ.P. 54(b). Under Rule 54(b), the district court can enter final judgment on one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. Thus, if a party obtains Rule 54(b) certification, the appeals court has jurisdiction over the appeal even though other claims remain unresolved in the district court. We have held that a subsequent Rule 54(b) certification can validate a premature notice of appeal. See Martinez v. Arrow Truck Sales, Inc., 865 F.2d 160, 161 (8th Cir.1988) (per curiam); see also Lewis v. B.F. Goodrich Co., 850 F.2d 641, 645-46 (10th Cir.1988) (banc); cf. Hayden v. McDonald, 719 F.2d 266, 268 (8th Cir.1983) (per curiam) (appellate court sua sponte remanded case to district court for limited purpose of Rule 54(b) certification on nunc pro tunc basis). In the present case, however, Thomas did not obtain Rule 54(b) certification.

We believe Merchants & Planters Bank v. Smith, 516 F.2d 355 (8th Cir.1975) (per curiam) (Merchants & Planters Bank), is distinguishable from the present case. In Merchants & Planters Bank, the bank sought declaratory and injunctive relief in the district court from the decision of the Comptroller to allow a competitor to open a branch office. The competitor intervened as a party defendant and filed an antitrust counterclaim against the bank. Id. at 356 & n. 3. The district court granted summary judgment in favor of the Comptroller but deferred any decision on the competitor’s counterclaim. Id. We held that there was appellate jurisdiction when, subsequent to oral argument, the competitor voluntarily dismissed its counterclaim, because the district court had made a de facto Rule 54(b) certification by administratively separating the bank’s challenge to the Comptroller’s decision from the competitor’s counterclaim. Id. In the present case, the district court did not administratively separate Thomas’s claim from Bas-ham’s counterclaims, and thus there was no de facto Rule 54(b) certification which could have validated the premature notice of appeal. [3]

[*524] Accordingly, the appeal is dismissed for lack of appellate jurisdiction.

1

. The Honorable Scott O. Wright, United States District Judge for the Western District of Missouri.

2

. Basham asserted abuse of process and defamation claims,

3

. But see Ethridge v. Harbor House Restaurant, 861 F.2d 1389, 1402 (9th Cir.1988) (premature[*524] notice of appeal validated if remaining claims subsequently disposed of); Lewis v. B.F. Goodrich Co., 850 F.2d 641, 645 (10th Cir.1988) (banc) (there is appellate jurisdiction when district court has adjudicated all remaining outstanding claims before court of appeals acts to dismiss appeal, whether or not a party has obtained Rule 54(b) certification in the meantime); Sacks v. Rothberg, 269 U.S.App.D.C. 353, 845 F.2d 1098, 1099 (1988) (per curiam) (appeal taken prematurely effectively ripens and secures appellate jurisdiction when the district court judgment becomes final prior to disposition).