Hard to imagine but,YES, that was topped - 2

In case there is anyone who think that seeing what I mentioned there requires more than simple direct knowledge of the related Federal Rules of Civil Procedure (FRCP) and Federal Rules of Appellate Procedure (FRAP), here are the related links for anybody to understand on what grounds what I mentioned stands:

The point related to the district court is related to this:

 FRCP Rule 4 (m) which states:

"Time Limit for Service. If a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period. This subdivision (m) does not apply to service in a foreign country under Rule 4(f) or 4(j)(1)"

FRCP RULE 4   

The point related to the appellate court is related to this:
 FRAP Rule 28 (a) (4) (D)  states regarding a requirement an appeal brief should contain:
"an assertion that the appeal is from a final order or judgment that disposes of all parties’ claims, or information establishing the court of appeals’ jurisdiction on some other basis"

FRAP (go to rule 28)

In case that is not clear enough here is more from the Supreme Court about this very well known basic requirement:

"..a party is entitled to a single appeal, to be deferred until final judgment has been entered, in which claims of district court error at any stage of the litigation may be ventilated" (Digital Equipment Corp. v. Desktop Direct, Inc., 511 US 863 - Supreme Court 1994).

 
Digital Equipment Corp. v. Desktop Direct, Inc.


Here is also a link showing in the docket sheet of the district court when the case was closed ( #46) and when the appeal was filed (#47).


When the case was closed


The funny thing is that it is when the issue of waiting for a final judgment is usually raised it is with regard to a party seeking to make an early appeal [(Added 1/8/2014) or had already brought an early appeal] and the appellate court arguing for waiting until a final judgment. I doubt that giving a weight for an argument calling for a dismissal because the appeal waited until a final judgment exists anywhere before it was created by the judge of this court of appeals.