Ct. of Appeals dismissed for want of jurisdiction defendant’s appeal of Dist. Ct. order that directed it to pay plaintiff-insured’s attorney fees arising out of plaintiff’s claim that defendant had wrongfully failed to pay proceeds from one of its life insurance policies, where: (1) defendant did not contest $191,362.06 judgment entered on insurance policy claim; and (2) Dist. Ct. had not yet entered specific dollar amount of attorneys' fees owed by defendant by time parties had participated in oral argument on defendant’s appeal of attorneys' fee issue. Absence of dollar figure made Dist. Ct. order on attorneys' fee issue non-final, and fact that Dist. Ct. had entered specific dollar amount on insurance policy issue was immaterial, since instant rule requiring finality of judgments applies to awards of attorneys' fees as fully as it does to decisions on substantive relief. Ct., though, denied plaintiff’s request for attorneys' fees generated in responding to defendant’s appeal, since plaintiff could have earlier filed motion to dismiss appeal as being premature, but failed to do so.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction