Carlock

Carlock v. Collins Motor Co.

Good Law
223 F. App'x 563
United States Court of Appeals for the Ninth CircuitFebruary 27, 2007No. 05-56623California245 words

Opinion

Lead Opinion

MEMORANDUM **

Gaynor Carlock appeals from the district court’s order awarding attorney’s fees to Collins Motor Company following the dismissal of Carlock’s Americans with Disabilities Act action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s attorney’s fees order for an abuse of discretion, Thomas v. City of Tacoma, 410 F.3d 644, 647 (9th Cir. 2005), and we affirm.

We lack jurisdiction to review the underlying orders dismissing Carlock’s action as moot and declaring him a vexatious litigant because the notice of appeal was filed more than 30 days after the orders were entered, and Carlock did not file a tolling motion. See Fed. R.App. P. 4(a)(1)(A); Fed. R.App. P. 4(a)(4)(A)(iii); Int’l Ass’n of Bridge, Structural, Ornamental, & Reinforcing Ironworkers’ Local Union 75 v. Madison Indus., Inc., 733 F.2d 656, 659 (9th Cir.1984) (“We adopt the rule that all attorney’s fees requests are collateral to the main action. Thus, a judgment on the merits is final and appealable even though a request for attorney’s fees is unresolved.”).

The district court did not abuse its discretion in awarding attorney’s fees to Col *564 lins Motor based on the…

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