Bradley Taggart v. Stuart Brown

575 F. App'x 719

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).

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.