Curtis Oswalt v. Resolute Industries Inc

Good Law
540 F. App'x 603
United States Court of Appeals for the Ninth CircuitSeptember 12, 201312-35380California1,073 words

Opinion

Opinion

MEMORANDUM

Resolute Industries, Inc. (“Resolute”) appeals from an order imposing sanctions against Resolute and its counsel in favor of Curtis Oswalt and Federal Insurance Co. (collectively, “Oswalt”), as well as from the district court’s findings of fact and conclusions of law dismissing Resolute’s third-party claim against Webasto Products NA, Inc. (“Webasto”). This Court reviews a district court’s imposition of sanctions for an abuse of discretion. See De Dios v. Int’l Realty & Investments, 641 F.3d 1071, 1076 (9th Cir.2011). We review an admiralty court’s findings of fact for clear error, and its conclusions of law de novo. See Newby v. F/V Kristen Gail, 937 F.2d 1439, 1441-42 (9th Cir.1991). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.

With respect to the appeal from the sanctions order, Oswalt challenges this Court’s jurisdiction, arguing that Resolute’s notice of appeal is untimely because it was filed more than 30 days after entry of the sanctions order. But an order imposing sanctions against a party and its counsel is not appealable until final judgment is entered. See Kordich v. Marine Clerks Ass’n, 715 F.2d 1392,…

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