Merkle v. Thomas

Case: 22-50216 Document: 00516534918 Page: 1 Date Filed: 11/04/2022

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals Fifth Circuit No. 22-50216

FILED November 4, 2022 In the Matter of Carl N. Merkle Lyle W. Cayce Clerk Debtor, Carl N. Merkle,

Appellant, versus

Johnny W. Thomas, Chapter 7 Trustee,

Appellee.

Appeal from the United States District Court for the Western District of Texas USDC No. 5:21-CV-1278

Before Higginbotham, Graves, and Ho, Circuit Judges.

Per Curiam:*

This court has “an independent obligation to determine whether subject-matter jurisdiction exists.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514

Case: 22-50216 Document: 00516534918 Page: 2 Date Filed: 11/04/2022

No. 22-50216

(2006). “Federal appellate courts have jurisdiction over appeals only from (1) a final decision under 28 U.S.C. § 1291; (2) a decision that is deemed final due to jurisprudential exception or that has been properly certified as final pursuant to Fed. R. Civ. P. 54(b); and (3) interlocutory orders that fall into specific classes, 28 U.S.C. § 1292(a), or that have been properly certified for appeal by the district court, 28 U.S.C. § 1292(b).” Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993).

This bankruptcy appeal does not fall under any of those categories. The notice of appeal states that it concerns an oral order by the bankruptcy judge, not a final order from the district court. And the district court had only issued only one order at the time, an order to show cause, that was non- appealable. Accordingly, the appeal is dismissed for lack of jurisdiction.