Page:Copeland By and Through Copeland v. Toyota Motor Sales U.S.A., Inc.pdf/8

 The rationale and holding of FirsTier warrant a similar result in the present case. Copeland could reasonably have mistaken the April 12 Memorandum and Order (“Order”) as a final decision. The Order was not a clearly interlocutory decision. It effectively resolved the case, disposing of all the issues which Copeland raised below and now appeals. The Order identified the $244,814.30 subject to SRS' subrogation right and rejected each of Copeland’s arguments for reducing SRS' subrogation share or assessing SRS a 40% attorney fee.

FirsTier requires this court to determine whether the Order would have been appealable if immediately followed by the entry of judgment. A decision is appealable only if it is final, meaning it "leaves nothing for the court to do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233 (1945). This court stated in Albright v. UNUM Life Insurance Co. of America, 59 F.3d 1089 (10th Cir. 1995):

"[T]he touchstone of a final order is “a decision by the court that a party shall recover only a sum certain."

. . ..

. . . [However,] “an order is final even if it does not reduce the damages to a sum certain if the order sufficiently disposes of the factual and legal issues and any unresolved issues are sufficiently ministerial that there would be no likelihood of further appeal.” That is, when the amount of damages awarded pursuant to a judgment on liability “speaks for itself,” we can assume jurisdiction under an exception to the final order doctrine; however, if calculating damages would be complicated and the possible subject of a separate and future appeal, then we cannot assume appellate jurisdiction. . .."