Kozlowski v. Scura ( 2005 )

Opinions of the United
2005 Decisions States Court of Appeals
for the Third Circuit
7-15-2005
Kozlowski v. Scura
Precedential or Non-Precedential: Non-Precedential
Docket No. 04-3595
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Recommended Citation
"Kozlowski v. Scura" (2005). 2005 Decisions. Paper 838.
http://digitalcommons.law.villanova.edu/thirdcircuit_2005/838
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-3595
THEODORE KOZLOWSKI,
Appellant
v.
JOHN SCURA; RAFAEL MARTE;
ELIZABETH MARTE
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
D.C. Civil No. 04-cv-02005
District Judge: The Honorable William J. Martini
Submitted Under Third Circuit LAR 34.1(a)
July 1, 2005
Before: ROTH, RENDELL, and BARRY, Circuit Judges
(Opinion Filed July 15, 2005)
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 Gambardella’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 Jeanette 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.
2