Gene Flinn, Plaintiff-appellant, v. Lawrence Plummer, Defendant-appellee, 92 F.3d 1204 (Fed. Cir. 1996)

The court questions sua sponte whether Gene Flinn's appeal should be dismissed or transferred. Flinn has responded.

As gleaned from the papers filed in this appeal, the certified list, and a 1991 decision by the United States Court for the Southern District of Florida, it appears that Flinn was sanctioned by the district court in 1991 and was ordered to pay Lawrence Plummer attorney fees in the amount of $2,100. Recently, Plummer returned to the district court and asked for an order to show cause why Flinn should not be held in contempt of court for failure to pay Plummer. The certified list of the recent proceeding shows that the district court has not issued a decision in the contempt proceeding. Instead, Flinn has appealed from an interlocutory ruling that is not appealable. Thus, we dismiss Flinn's appeal.^* 

Accordingly,

IT IS ORDERED THAT:

(1) Flinn's appeal is dismissed.

(2) Each side shall bear its own costs.