Netsphere Inc. v. Baron

Citation:
No. 13-10119 (5th Cir. Aug. 14, 2015)
Tag(s):
Ruling:
A district court's award of fees to a receiver before the entry of a final judgment is not reviewable on appeal under 28 U.S.C 1292(a)(2) or the collateral order doctrine. Appeal dismissed for want of jurisdiction.
Procedural context:
Appeal from district court order awarding fees to a court-appointed receiver and one of its counsel.
Facts:
In an earlier appeal, the Fifth Circuit reversed a district court decision appointing a receiver for the principal of a bankrupt entity and determined that equity required that reasonable expenses from the receivership should be charged to the receivership fund. The Fifth Circuit directed the district court to reconsider all receivership fees and expenses in light of the finding that the receivership was improper. Before mandate issued, the district court entered several interim fee awards for the receiver and his counsel. After mandate issued, the district court reconsidered its prior fee orders and authorized new payments to the receiver and one of its counsel. Appeals followed.
Judge(s):
Higginbotham, Jolly, Davis

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