Perpetual American Bank, F.S.B., a Federal Savings Bank v. Terrestrial Systems, Inc., a California Corporation, and Joann Ashley

Appellants, the principal officers and only directors and shareholders of Terrestrial Systems, Inc., appeal an order of the district court, permitting Perpetual American Bank (“Perpetual”) to attach certain of their assets. We find that this order is not an appealable final order and dismiss.

In April 1986, Perpetual filed an action in district court seeking damages for breach of a loan and security agreement and of guarantee agreements. In May 1986, as part of the ongoing litigation, Perpetual filed applications for three right-to-attach orders pursuant to Fed.R.Civ.P. 64 and applicable California law. The applications sought to attach certain of the personal, non-exempt assets of the appellants as guarantors of the corporate obligations. After a hearing, the district court granted Perpetual’s applications and on July 1, 1986, the right-to-attach orders were issued. Appellants timely appealed.

This circuit has no published opinion deciding whether the grant of a prejudgment writ of attachment is an appealable order. We now hold that such orders do not meet the requirements of the collateral order doctrine announced in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541,…