## Facts

- Donald L. Collins and Hannah Case Snellgrove Collins filed a federal civil action in the U.S. District Court for the Northern District of Alabama against Amoco Production Company, American Oil Company, and other defendants.
- During the ongoing district court proceedings, the Collinses moved to disqualify the defendants’ lawyers from representing them in the case.
- The district court denied the motion to disqualify opposing counsel.
- Rather than waiting for a final judgment in the underlying lawsuit, the Collinses filed an immediate (interlocutory) appeal to the U.S. Court of Appeals for the Eleventh Circuit, challenging only the denial of disqualification.
- On appeal, Donald L. Collins appeared pro se, and the appellees appeared through counsel.

## Issues

1. Whether an order denying a motion to disqualify opposing counsel in an ongoing civil case is immediately appealable as a “final decision” under 28 U.S.C. § 1291.
2. Whether pursuing an interlocutory appeal foreclosed by controlling Supreme Court authority warrants sanctions (damages, attorney’s fees, and double costs) under Federal Rule of Appellate Procedure 38.

## Decision

- The Eleventh Circuit dismissed the appeal for lack of appellate jurisdiction.
- The court held that, under the Supreme Court’s decision in *Firestone Tire & Rubber Co. v. Risjord*, an order denying a motion to disqualify counsel is not appealable as a final decision within 28 U.S.C. § 1291.
- The court characterized the attempted appeal as “palpably frivolous” in light of the existing Supreme Court ruling resolving the appealability question.
- The court directed the district court to assess damages caused by the frivolous appeal, including a reasonable attorney’s fee.
- The court also awarded the appellees double costs under the Federal Rules of Appellate Procedure.

## Legal Principles

- Appellate jurisdiction under 28 U.S.C. § 1291 generally extends only to “final decisions,” meaning orders that end the litigation on the merits and leave nothing for the district court to do but execute judgment.
- Orders entered during ongoing litigation are ordinarily not immediately appealable, absent a recognized exception (such as a properly applicable collateral-order category).
- Under *Firestone Tire & Rubber Co. v. Risjord*, an order denying a motion to disqualify counsel in a civil case is not immediately appealable under § 1291.
- When an appeal is frivolous—especially where controlling precedent squarely disposes of the appellant’s position—Federal Rule of Appellate Procedure 38 permits an appellate court to award just damages and costs, including attorney’s fees and single or double costs.
- An appellate court may remand to the district court to determine the amount of attorney’s fees and other damages attributable to a frivolous appeal.

## Conclusion

In *Collins v. Amoco Production Co.*, the Eleventh Circuit dismissed the Collinses’ interlocutory appeal from an order denying disqualification of opposing counsel because the denial was not a final, appealable decision under 28 U.S.C. § 1291, as established by the Supreme Court in *Firestone Tire & Rubber Co. v. Risjord*. Finding the appeal plainly foreclosed by that authority and therefore frivolous, the court awarded appellees double costs and sent the matter back to the district court to calculate and assess damages from the appeal, including a reasonable attorney’s fee.


Collins v. Amoco Production Co., 706 F.2d 1114 (1983)