Rolf v. Access Adventure Inc, et al

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 02-30008
MARIAN DIECIDUE ROLF, INDIVIDUALLY AND AS TUTRIX OF HER MINOR
CHILDREN, KEVIN PATRICK ROLF, JOSEPH EDWARD ROLF, NANCY CLARE
ELIZABETH ROLF, AND JAMES EDWARD ROLF, III
Plaintiff - Appellee
VERSUS
ACCESS TO ADVENTURE, INC.; ET AL
Defendants
ACCESS TO ADVENTURE, INC., CERTAIN UNDERWRITERS AT LLOYD’S
Subscribing to master contract number LOG 132 and certificate
number RV 01 512 025; WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION;
WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION, INC.; AND KRISTEN
THOMAS
Defendants - Appellants
Appeals from the United States District Court
For the Eastern District of Louisiana
01-CV-3056-S
November 8, 2002
Before DAVIS, BARKSDALE and DENNIS, Circuit Judges.
PER CURIAM:*

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the limited circumstances set forth in 5TH CIR. R. 47.5.4.
2
This case requires us to consider whether a district court
order granting an unquantified amount of costs, expenses and
attorney’s fees in connection with a 28 U.S.C. § 1447(c) remand
is a final appealable order. We find that it is not and grant
the appellees’, Rolf et al., Motion to Dismiss the Appeal.
Under 28 U.S.C. § 1291, we may only review a district
court’s decision if it is “final.” A decision is “final” within
the meaning of § 1291 if it “ends the litigation on the merits
and leaves nothing for the court to do but execute the judgment.”
St. Louis I. M. & S. RY Co. v. Southern Express Co., 108 U.S. 24,
28-29 (1883). Although the decision to remand an action to state
court under 28 U.S.C. § 1447(c) is not subject to appeal, a
judgment awarding costs, expenses and attorney’s fees for
improper removal under 28 U.S.C. § 1447(c) is appealable. 28
U.S.C. § 1447(d); Miranti v. Lee, 3 F.3d 925, 930 (5th Cir.
1993). However, “[a]n order awarding attorney’s fees or costs
is not reviewable on appeal until the award is reduced to a sum
certain.” Southern Travel Club, Inc. v. Carnival Air Lines, Inc.,
986 F.2d 125, 131 (5th Cir. 1993). Thus, this court lacks
jurisdiction under § 1291 to entertain this appeal.
The Motion to Dismiss is GRANTED. The Motion for Sanctions
is DENIED.

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