Appeals, Appealable Orders, Sanctions, Uneven Division of Discovery Referee’s Fees, 1, 3
A discovery referee’s recommendation that his fees be allocated unevenly (in this case, all to the appellant) is not an appealable sanctions order. Even if the uneven allocation is based on the referee’s determination that the appellant’s position in the discovery dispute was unjustified, a division of fees that does not use to word sanctions or invoke any statute authorizing the award of monetary sanctions is not a sanctions order. Also, the order is not appealable under the collateral order doctrine since the appellant is a party to the lawsuit and the award is not a final determination since referee’s fees and other court costs may be reallocated based on which party ultimately prevails in the suit.