Written by: Patrick C. Furman, Esq.
In a recent win for Barakat + Bossa, the U.S. Court of Appeals for the Fifth Circuit dismissed an appeal attempting to derail post-judgment enforcement of a six-figure attorney’s fee award. The decision serves as a powerful reminder to litigants and counsel alike: not all courtroom setbacks are grounds for immediate appeal.
The Case: Enforcement Under Fire
After our client secured a significant attorney’s fees judgment in the district court, the opposing party tried to block enforcement by attacking a key tool—garnishment. Specifically, they appealed the trial court’s denial of their motion to dissolve a writ of garnishment. But instead of challenging the fee award directly or following proper procedures to stay enforcement, they sought a shortcut through the appellate court.
The Strategy: Lead with Jurisdiction
On appeal, our team zeroed in on a fundamental rule of appellate practice: the appellate court can only review final decisions. We argued that the order denying the motion to dissolve the writ was not a final decision under 28 U.S.C. § 1291. As such, the court lacked jurisdiction to hear the appeal.
We also pointed to key procedural deficiencies:
- The appellant never challenged the original fee award.
- They failed to obtain a stay or post a supersedeas bond, as required under Federal Rule of Civil Procedure 62.
- They relied on Texas state law in a matter governed by federal procedural rules.
The Fifth Circuit agreed, holding that the order at issue was not appealable. The appeal was dismissed, clearing the way for continued enforcement of the judgment in our client’s favor.
Why It Matters: Know When (and What) to Appeal
This ruling reinforces a critical appellate principle: jurisdiction is everything. Even a seemingly important post-judgment ruling may not be ripe for appeal. The decision also highlights several traps that can derail appellate efforts:
- Failing to directly appeal the judgment being enforced;
- Overlooking the need for a supersedeas bond or court-ordered stay;
- Misapplying state procedural law in federal court.
Takeaway: Master the Rules Before You Appeal
The Fifth Circuit’s dismissal showcases the importance of precise appellate strategy and procedural discipline. For trial counsel, it’s a lesson in how to protect a hard-won judgment. For appellate advocates, it’s a clear example of how jurisdictional arguments—when timely and well-founded—can efficiently shut down an improper appeal.
Barakat + Bossa is proud to have defended our client’s judgment and to contribute to the body of appellate law with a win that underscores the value of knowing the rules before stepping into the ring.
To view the 5th Circuit’s opinion of the referenced case see, Natour v. Bank of America, No. 24-40484 (5th Cir. 2025)
Patrick Furman is an attorney at Barakat + Bossa PLLC, located in Coral Gables, Florida. He represents domestic and international clients in business disputes and complex commercial litigation. He may be reached at pfurman@b2b.legal.
This post is intended to provide you with general information regarding appellate procedure, yet its content does not constitute specific legal advice. Please reach out to us directly if you would like our attorneys to assist you.
