Unpublished Dispositiongregory Mcdaniel, Plaintiff-appellant, v. Digital Equipment Corporation, Defendant-appellee, 872 F.2d 1026 (6th Cir. 1989)

Annotate this Case
US Court of Appeals for the Sixth Circuit - 872 F.2d 1026 (6th Cir. 1989) March 31, 1989

Before MERRITT and DAVID A. NELSON, Circuit Judges, and LIVELY, Senior Circuit Judge.


ORDER

Plaintiff appeals an order granting defendant's motion for attorney fees pursuant to Rule 11, Fed. R. Civ. P. The order directs defendant to submit materials to enable the district court to make a decision as to the proper amount of fees and grants plaintiff an opportunity to file objections. A final determination of the amount due has not yet been made by the district court.

An order finding a party liable for attorney's fees as a sanction under Rule 11 which does not determine the specific amount of the award is not a final and appealable order. Gates v. Central States Teamsters Pension Fund, 788 F.2d 1341 (8th Cir. 1986); see also Morgan v. Union Metal Manufacturing, 757 F.2d 792 (6th Cir. 1985). In the absence of a final appealable order, we have no jurisdiction.

It is ORDERED that this appeal is dismissed sua sponte without prejudice to plaintiff's right to appeal from a final order.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.