Murray v. Stine
Annotate this CaseThe cotrustees of a trust filed suit against several parties, alleging that the defendants breached their fiduciary duties. The district court dismissed five of the cotrustees’ causes of action. The remaining defendants moved for summary judgment and sought attorney fees. The district court granted the motions for summary judgment. Before the scheduled hearing on the motions for attorney fees, the costrustees filed a notice of appeal. The district court found that it did not have jurisdiction to hear the motions for attorney fees because of the pending appeal. Several defendants appealed from that order. The Supreme Court dismissed the appeals, holding (1) because of the absence of a ruling on attorney fees left a portion of the judgment unresolved, the orders from which the cotrustees appealed were not final, and thus, the Court lacked jurisdiction over the first appeal; and (2) because the district court declined to rule on the motions for attorney fees, which were still pending before the district court, the Supreme Court also lacked jurisdiction over the second appeal.
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