Clearwater, 777 F.2d 598, 607 n.24 (11th Cir. 1985). The facts have played a role in evaluating redressability in other election litigation,[1] and they could also play a role here. Because the plaintiffs’ appeal asks us to apply “settled law to the facts or evidence of [this] particular case,” it is “the antithesis of a proper § 1292(b) appeal.” McFarlin, 381 F.3d at 1259.
Third, a decision about whether the plaintiffs need to sue county officials will not cut short the case. If the answer is that the plaintiffs do not need to add these defendants, then the case will continue as is. If the answer is that the plaintiffs must add these defendants, the case will continue with additional defendants. We have “little doubt that a question is not controlling” if the litigation “can readily be accommodated to whatever ruling is made.” 16 C. Wright & A. Miller, Federal Practice & Procedure § 3930 (3d ed. 2020).
III. CONCLUSION
Because we lack jurisdiction, the appeal is dismissed and the motion for permissive appeal is denied. Because we must dismiss this appeal, the defendants’ conditional cross appeal is also dismissed. Any other pending motions are denied as moot.
- ↑ Both parties cite our recent decision in Jacobson v. Fla. Sec’y of State, 974 F.3d 1236 (11th Cir. 2020), where the Florida Secretary of State argued that she could not remedy the alleged problem and we held that “no contrary evidence” established otherwise. Id. at 1253. See also id. at 1254 (“absence of any evidence”), 1255 (“not proved”), 1255 (“not established”), 1257 (“no contrary evidence”).
11
