East End Taxi Services, Inc v. Virgin Islands Taxi Association, Inc

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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 12-1607
_____________
EAST END TAXI SERVICES, INC.
v.
VIRGIN ISLANDS TAXI ASSOCIATION, INC,
Appellant.
On Appeal from the District Court
of the Virgin Islands – Appellate Division
(Division of St. Thomas)
District Court No. 06-cv-000146
District Judge: Honorable Stanley S. Brotman
Submitted under Third Circuit LAR 34.1(a)
on December 6, 2012
Before: SMITH, HARDIMAN and ROTH, Circuit Judges
(Opinion filed: January 31, 2013)

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O P I N I O N
ROTH, Circuit Judge:
Virgin Islands Taxi Association (VITA) appeals the Appellate Division of the
District Court of the Virgin Islands’ award of costs and attorney fees to East End Taxi
Services (EETA). EETA had moved under Virgin Islands Rule of Appellate Procedure 30
for attorneys fees and costs associated with an earlier appeal to the Appellate Division.
The Appellate Division granted the motion on January 30, 2012. Because the trial court
has not yet resolved the underlying merits of VITA’s request for injunctive relief against
EETA, we conclude that this order is not a final one.. Thus, we cannot exercise appellate
jurisdiction over this matter under 48 U.S.C. § 1613a9(c). Catlin v. United States, 324
U.S. 229, 233 (1994). We will dismiss the appeal.
.

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