Bradley Taggart v. Stuart Brown
Opinion
MEMORANDUM *
Defendants-Appellants appeal the district court’s decision reversing the bankruptcy court and remanding for further proceedings. We dismiss the appeal for lack of jurisdiction under 28 U.S.C. § 158(d).
“Our jurisdiction under section 158(d) ... requires a final decision from the district court.” Stanley v. Crossland, Cross-land, Chambers, MacArthur & Lastreto (In re Lakeshore Vill. Resort, Ltd.), 81 F.3d 103, 105 (9th Cir. 1996). Considering “(1) the need to avoid piecemeal litigation; (2) judicial efficiency; (3) the systemic interest in preserving the bankruptcy court’s role as the finder of fact; and (4) whether delaying review would cause either party irreparable harm,” id. at 106 (citing Vylene Enters., Inc. v. Naugles, Inc. (In re Vylene Enters., Inc.), 968 F.2d 887, 895-96 (9th Cir. 1992)), we hold that the district court’s decision, which remanded to the bankruptcy court for further factual findings, does not constitute a final order under § 158(d). See Cangrejo Invs., LLC v. Mann (In re Bender), 586 F.3d 1159, 1165-66 (9th Cir. 2009).
*720 The appeal from the district court is hereby DISMISSED, and the case is REMANDED for further proceedings. No costs.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Bradley Weston TAGGART, Plaintiff-Appellee, v. Stuart M. BROWN, Defendant, and Terry W. Emmert; Keith Jehnke; Sherwood Park Business Center, LLC, Defendants-Appellants
- Cited By
- 1 case
- Status
- Unpublished