Appealability: District Judge’s Denial Of Defense Fee Request Without Prejudice Was Not Appealable Because Judge Was Awaiting On Appellate Results

Lack of Jurisdiction To Entertain Fee Cross-Appeal Because No Final Resolution.

            In Reed v. Lieurance, Case Nos. 15-350181/15-35179 (9^th Cir. July 24, 2017) (published), the panel reversed a civil rights § 1983 summary judgment and dismissals in favor of defendants.  Earlier, the trial judge had refused to award defendants’ motion for attorney’s fees—denying it without prejudice—to await the results of the merits determination of the appeal by plaintiff.  The Ninth Circuit found it lacked jurisdiction to entertain the defense cross-appeal of the fee denial given that no “final” resolution had been made on the issue by the district court.