Donald John Helow, Sr. v. Donald John Helow, Jr.

87 F.3d 1319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald John HELOW, Sr., Plaintiff-Appellant, v. Donald John HELOW, Jr., Defendant-Appellee. No. 94-16693. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 14, 1996. Before: GOODWIN, PREGERSON and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** Timeliness of Appeal 2 We have held that an order granting summary judgment isn't final and appealable under 28 U.S.C. § 1291 if the district court retains jurisdiction to conduct an accounting. Marathon Oil Co. v. United States, 807 F.2d 759, 764 (9th Cir.1986), cert. denied, 480 U.S. 940 (1987). The district court's April 4, 1994, order granting summary judgment provided that the properties would later be partitioned and declared that Jr. would be entitled to an accounting as part of the partition. CR 56, at 8. The April 4, 1994, order therefore wasn't final and appealable. See Hain Pure Food Co. v. Sona Food Products Co., 618 F.2d…