U.S. Court of Appeals for the Eighth Circuit, 2019

Beverly Holmes-Diltz v. David Sosne

Beverly Holmes-Diltz v. David Sosne
U.S. Court of Appeals for the Eighth Circuit · Decided July 3, 2019

Beverly Holmes-Diltz v. David Sosne

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3219 ___________________________ In re: Darryl Allen lllllllllllllllllllllDebtor ------------------------------ Beverly Holmes-Diltz lllllllllllllllllllllAppellant v. David A. Sosne; Darryl Allen lllllllllllllllllllllAppellees Office of U.S. Trustee lllllllllllllllllllllU.S. Trustee ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: July 2, 2019 Filed: July 3, 2019 [Unpublished] ____________ Before COLLOTON, ERICKSON, and STRAS, Circuit Judges. ____________ PER CURIAM.

Beverly Holmes-Diltz appeals the district court’s1 dismissal of her interlocutory appeal from certain bankruptcy court orders, and requests mandamus relief. Upon careful review, we find that we lack jurisdiction to hear her appeal, as there has been no final judgment in the underlying bankruptcy case. See 28 U.S.C. § 158(d)(1) (courts of appeals have jurisdiction of appeals from final judgments and orders entered by district court hearing appeal from final judgment or order of bankruptcy court); In re Popkin & Stern, 105 F.3d 1248, 1250 (8th Cir. 1997) (district court’s order is not final unless underlying bankruptcy court order is final). We also deny the mandamus request, as Holmes-Diltz has not shown that she is clearly entitled to this extraordinary relief. See In re Borowiak IGA Foodliner, Inc., 879 F.3d 848, 849-50 (8th Cir. 2018) (per curiam) (writ of mandamus is extraordinary relief requiring that petitioner’s right to writ is clear and indisputable).

The appeal is dismissed for lack of jurisdiction, and the mandamus request is denied. ______________________________

The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri.

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