Robert Mitchell; Carol Mitchell, Plaintiffs-appellants, v. Taylor Rental Corporation, a Delaware Corporation;massachusetts Mutual Insurance Company,defendants-appellees, 59 F.3d 175 (9th Cir. 1995)Annotate this Case
Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges.
Robert Mitchell appeals the district court's grant of attorney's fees to Taylor. We dismiss this appeal for lack of jurisdiction.
On February 25, 1994, the Mitchells filed a notice of appeal from the district court's January 31, 1994 order granting attorney's fees to Taylor in an unspecified amount. On March 14, 1994, the court determined the amount of fees to which Taylor was entitled and issued a final order awarding those fees to Taylor. Robert Mitchell, but not Carol Mitchell, now appeals both the court's award of attorney's fees and the amount awarded. The premature notice of appeal here was not valid because the amount of attorney's fees was not decided until long after the notice had been filed. In re Jack Raley Construction, Inc., 17 F.3d 291, 294 (9th Cir. 1994); see Intel Corp. v. Terabyte Int'l., Inc., 6 F.3d 614, 617 (9th Cir. 1993) (order awarding attorney's fees but not setting the amount is not a final, appealable order).