Background
Plaintiffs Benjamin Blanchard and Vonn Capel, proceeding pro se, appealed a magistrate judge’s report and recommendation and the district court’s subsequent orders. The district court had adopted the report and granted the appellees’ post-judgment motions for sanctions and entitlement to attorney fees. The appellees moved to dismiss the appeal for lack of jurisdiction.
The court’s reasoning
The court determined that the appealed orders were not final because they did not determine the specific amounts for sanctions or fees. Citing Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake Cnty. Fla., the court noted that an order determining entitlement to fees without setting the amount is not final. Furthermore, the court found that the only orders before it were the sanctions and fee orders, meaning there was no appealable ruling to support pendent jurisdiction.
The appealed orders are not final because they did not determine the sanctions or fee amounts.
Opinion of the Court
What it means going forward
The dismissal prevents the plaintiffs from challenging the sanctions and fee entitlements until a final order specifying the amounts is entered by the district court.