UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-50876
Summary Calendar
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JOSEPH LOUIS TOVAR; ANDREA DE LA CRUZ;
LEO SALAS;
Plaintiffs-Appellants,
MICHAEL D. BERNARD; LUIS R. VERA, JR.,
Appellants,
versus
STEVEN C. HILBIG ET AL.,
Defendants,
STEVEN C. HILBIG;
BEXAR COUNTY;
Defendants-Appellees.
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Appeal from the United States District Court for the
Western District of Texas
(SA-95-CV-384)
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August 8, 1997
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
This Court must examine the basis of its jurisdiction on its
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
own motion if necessary. Mosley v. Cozby, 813 F.2d 659, 660 (5th
Cir. 1987). "Where neither the order appealed from nor related
portions of the record reflect an intent by the district judge to
enter a partial final judgment, [this Court] refuse[s] to consider
the order appealable as a final judgment." Kelly v. Lee's Old
Fashioned Hamburgers, Inc., 908 F.2d 1218, 1219-20 (5th Cir. 1990)
(en banc).
The district court's award of attorney fees as sanctions is
treated as an interlocutory order in this circuit. Schaffer v.
Iron Cloud, Inc., 865 F.2d 690, 691-92 (5th Cir. 1989). The
plaintiffs have not shown cause for an exception to this general
rule. Accordingly, we DISMISS the appeal for lack of jurisdiction
because the district court did not enter a final and appealable
judgment in this case.
APPEAL DISMISSED.
2