Pedigo v. Youngblood

Defendant was found in contempt of court for willfully and contumaciously failing to comply with a court order to produce documents sought by Plaintiffs. Court ordered Defendant to pay reasonable attorney fees, to be determined when and if Plaintiffs filed a fee petition.At time Defendant filed his notice of appeal, Plaintiffs had not filed a fee petition, and court had not imposed a specific monetary sanction. Thus, appellate court lacks jurisdiction under Rule 304(b)(5) to entertain merits of appeal. Defendant's actions were taken in attempt to harass, delay, or cause needless expense to Plaintiffs; Defendant had twice previously appealed a nonfinal order. Plaintiffs' motion for sanctions under Rule 375 is granted. (KNECHT and APPLETON, concurring.)