Kozlowski v. Scura

139 F. App'x 420

• Court: Court of Appeals for the Third Circuit
• Decided: July 15, 2005
• Docket: 04-3595
• Status: Unpublished

Opinion

OPINION

BARRY, Circuit Judge.

The Bankruptcy Court issued an order on May 2, 2002 imposing sanctions against Theodore Kozlowski in an amount to be determined in subsequent proceedings. 1 On December 30, 2003, the Bankruptcy Court issued an order fixing the amount of sanctions at $5,800.46, based upon the attorneys’ fees, expenses, and/or damages incurred by the Debtors and the Standing Trustee.

On January 8, 2004, Kozlowski filed a notice of appeal. The District Court dismissed the appeal as “procedurally barred, and an untimely attempt to relitigate matters finally adjudicated in Judge Gambar-della’s May 2, 2002 order.” App. 3.

We will reverse. An order imposing sanctions does not become appealable until the court fixes the amount of the sanctions. See In re Jeannette Corp., 832 F.2d 43, 46 (3d Cir.1987) (holding that “[i]f the sanctions are to be an assessment of counsel fees or expenses, they must be fixed before the order is final and appealable”). Here, the Bankruptcy Court’s sanctions award did not become appealable until the amount was fixed on December 30, 2003. Kozlowski’s appeal was, therefore, timely.

1 . The Bankruptcy Court issued its opinion on April 3, 2002; the corresponding order, however, was not entered until May 2.