Athena Construction Group, Inc. v. Re Construction, LLC

USCA4 Appeal: 23-1083 Doc: 26 Filed: 12/06/2024 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-1083 ATHENA CONSTRUCTION GROUP, INC., Plaintiff - Appellant, v. RE CONSTRUCTION LLC, Defendant - Appellee, and WILLIAM SMITH, III, Defendant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, Senior District Judge. (1:21-cv-00396-AJT-TCB) Submitted: October 10, 2024 Decided: December 6, 2024 Before HARRIS and QUATTLEBAUM, Circuit Judges, and KEENAN, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. ON BRIEF: Milton C. Johns, EXECUTIVE LAW PARTNERS, PLLC, Fairfax, Virginia, for Appellant. Glenn A. Ellis, GLENN ELLIS LAW, PLLC, Philadelphia, Pennsylvania; — 2 — USCA4 Appeal: 23-1083 Doc: 26 Filed: 12/06/2024 Pg: 2 of 3 Catherine H. Dorsey, BARON & BUDD, P.C., Washington, D.C., for Appellee. Unpublished opinions are not binding precedent in this circuit. *3 USCA4 Appeal: 23-1083 Doc: 26 Filed: 12/06/2024 Pg: 3 of 3 PER CURIAM: Athena Construction Group appeals the district court’s order granting in part RE Construction’s motion for attorney fees. The order did not set the amount of attorney fees to be awarded and instead ordered the parties to file documentation and objections. An order awarding an unspecified amount of attorney fees and costs is not a final appealable order under 28 U.S.C. § 1291. See, e.g., Elbit Sys. Land & C4I Ltd. v. Hughes Network Sys., LLC, 927 F.3d 1292, 1303 (Fed. Cir. 2019); MetLife Life & Annuity Co. of Conn. v. Akpele, 886 F.3d 998, 1008 (11th Cir. 2018); Cooke v. Jackson Nat’l Life Ins. Co., 882 F.3d 630, 632 (7th Cir. 2018). Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED