Filed: Nov. 11, 2002
Latest Update: Feb. 21, 2020
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 02-30008 MARIAN DIECIDUE ROLF, INDIVIDUALLY AND AS TUTRIX OF HER MINOR CHILDREN, KEVIN PATRICK ROLF, JOSEPH EDWARD ROLF, NANCY CLARE ELIZABETH ROLF, AND JAMES EDWARD ROLF, III Plaintiff - Appellee VERSUS ACCESS TO ADVENTURE, INC.; ET AL Defendants ACCESS TO ADVENTURE, INC., CERTAIN UNDERWRITERS AT LLOYD’S Subscribing to master contract number LOG 132 and certificate number RV 01 512 025; WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION; WORLDWI
Summary: UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 02-30008 MARIAN DIECIDUE ROLF, INDIVIDUALLY AND AS TUTRIX OF HER MINOR CHILDREN, KEVIN PATRICK ROLF, JOSEPH EDWARD ROLF, NANCY CLARE ELIZABETH ROLF, AND JAMES EDWARD ROLF, III Plaintiff - Appellee VERSUS ACCESS TO ADVENTURE, INC.; ET AL Defendants ACCESS TO ADVENTURE, INC., CERTAIN UNDERWRITERS AT LLOYD’S Subscribing to master contract number LOG 132 and certificate number RV 01 512 025; WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION; WORLDWID..
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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 02-30008
MARIAN DIECIDUE ROLF, INDIVIDUALLY AND AS TUTRIX OF HER MINOR
CHILDREN, KEVIN PATRICK ROLF, JOSEPH EDWARD ROLF, NANCY CLARE
ELIZABETH ROLF, AND JAMES EDWARD ROLF, III
Plaintiff - Appellee
VERSUS
ACCESS TO ADVENTURE, INC.; ET AL
Defendants
ACCESS TO ADVENTURE, INC., CERTAIN UNDERWRITERS AT LLOYD’S
Subscribing to master contract number LOG 132 and certificate
number RV 01 512 025; WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION;
WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION, INC.; AND KRISTEN
THOMAS
Defendants - Appellants
Appeals from the United States District Court
For the Eastern District of Louisiana
01-CV-3056-S
November 8, 2002
Before DAVIS, BARKSDALE and DENNIS, Circuit Judges.
PER CURIAM:*
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
This case requires us to consider whether a district court
order granting an unquantified amount of costs, expenses and
attorney’s fees in connection with a 28 U.S.C. § 1447(c) remand
is a final appealable order. We find that it is not and grant
the appellees’, Rolf et al., Motion to Dismiss the Appeal.
Under 28 U.S.C. § 1291, we may only review a district
court’s decision if it is “final.” A decision is “final” within
the meaning of § 1291 if it “ends the litigation on the merits
and leaves nothing for the court to do but execute the judgment.”
St. Louis I. M. & S. RY Co. v. Southern Express Co.,
108 U.S. 24,
28-29 (1883). Although the decision to remand an action to state
court under 28 U.S.C. § 1447(c) is not subject to appeal, a
judgment awarding costs, expenses and attorney’s fees for
improper removal under 28 U.S.C. § 1447(c) is appealable. 28
U.S.C. § 1447(d); Miranti v. Lee,
3 F.3d 925, 930 (5th Cir.
1993). However, “[a]n order awarding attorney’s fees or costs
is not reviewable on appeal until the award is reduced to a sum
certain.” Southern Travel Club, Inc. v. Carnival Air Lines, Inc.,
986 F.2d 125, 131 (5th Cir. 1993). Thus, this court lacks
jurisdiction under § 1291 to entertain this appeal.
The Motion to Dismiss is GRANTED. The Motion for Sanctions
is DENIED.
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
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