Alan Grayson v. No Labels, Inc., et al.

23-11329Court of Appeals for the Eleventh CircuitSep 29, 2023

Full text

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11329
Non-Argument Calendar
____________________
ALAN GRAYSON,
Plaintiff-Appellant,
versus
NO LABELS, INC.,
PROGRESS TOMORROW, INC.,
UNITED TOGETHER, INC.,
NANCY JACOBSON,
MARK PENN, et al.,
Defendants-Appellees.
____________________
USCA11 Case: 23-11329 Document: 21-1 Date Filed: 09/29/2023 Page: 1 of 2

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2 Opinion of the Court 23-11329
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 6:20-cv-01824-PGB-LHP
____________________
Before J ORDAN , BRANCH, and LUCK , Circuit Judges.
PER CURIAM:
Upon our review of the record and the response to the juris-
dictional question, this appeal is DISMISSED for lack of jurisdic-
tion. The district court’s order is not final or immediately appeala-
ble because, although the district court found that Appellees were
entitled to attorney’s fees, it did not determine the amount of fees
to be awarded. See 28 U.S.C. § 1291; Sabal Trail Transmission, LLC
v. 3.921 Acres of Land, 947 F.3d 1362, 1370 (11th Cir. 2020). The dis-
trict court directed Appellees to file a supplemental motion for a
determination of the fee amount, and that motion is still pending.
Thus, the district court’s order is not “apparently the last order to
be entered in the action” because the court has not resolved Appel-
lees’ attorney’s fees motion, which sparked the instant postjudg-
ment proceedings. See Mayer v. Wall St. Equity Grp., Inc.,
672 F.3d 1222, 1224 (11th Cir. 2012).
USCA11 Case: 23-11329 Document: 21-1 Date Filed: 09/29/2023 Page: 2 of 2

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