UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 02-30008

MARIAN DIECIDUE ROLF, INDIVIDUALLY AND AS TUTRIX OF HER MINOR CHILDREN, KEVIN PATRICK ROLF, JOSEPH EDWARD ROLF, NANCY CLARE ELIZABETH ROLF, AND JAMES EDWARD ROLF, III

Plaintiff - Appellee

VERSUS

ACCESS TO ADVENTURE, INC.; ET AL

Defendants

ACCESS TO ADVENTURE, INC., CERTAIN UNDERWRITERS AT LLOYD’S Subscribing to master contract number LOG 132 and certificate number RV 01 512 025; WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION; WORLDWIDE OUTFITTERS AND GUIDES ASSOCIATION, INC.; AND KRISTEN THOMAS

Defendants - Appellants

Appeals from the United States District Court For the Eastern District of Louisiana 01-CV-3056-S

November 8, 2002

Before DAVIS, BARKSDALE and DENNIS, Circuit Judges.

PER CURIAM:*

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under This case requires us to consider whether a district court

order granting an unquantified amount of costs, expenses and

attorney’s fees in connection with a

(c) remand

is a final appealable order. We find that it is not and grant

the appellees’, Rolf et al., Motion to Dismiss the Appeal.

Under

, we may only review a district

court’s decision if it is “final.” A decision is “final” within

the meaning of § 1291 if it “ends the litigation on the merits

and leaves nothing for the court to do but execute the judgment.”

St. Louis I. M. & S. RY Co. v. Southern Express Co.,

(1883). Although the decision to remand an action to state

court under

(c) is not subject to appeal, a

judgment awarding costs, expenses and attorney’s fees for

improper removal under

(c) is appealable.

(d); Miranti v. Lee,

(5th Cir.

1993). However, “[a]n order awarding attorney’s fees or costs

is not reviewable on appeal until the award is reduced to a sum

certain.” Southern Travel Club, Inc. v. Carnival Air Lines, Inc.,

(5th Cir. 1993). Thus, this court lacks

jurisdiction under § 1291 to entertain this appeal.

The Motion to Dismiss is GRANTED. The Motion for Sanctions

is DENIED.

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

2