Sosne v. Critique Services LLC

• Court: United States Bankruptcy Court, E.D. Missouri
• Decided: July 3, 2019
• Docket: 16-04153
• Status: Unknown

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Court for the Eastern District of Missouri - St. Louis ____________ Submitted: July 2, 2019 Filed: July 3, 2019 [Unpublished] ____________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. ______________________________

1The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri. -2- T1h1o1m Saosu tFh. 1E0atghl eSttorne eUt,. SR.o Comou r2t4h.o3u2s9e St. Louis, Missouri 63102 VOICE (314) 244-2400 M Ci lc eh ra ke ol f E C. oG ua rn t s

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July 03, 2019

Ms. Beverly Holmes-Diltz CRITIQUE SERVICES 3919 Washington Avenue Saint Louis, MO 63108

RE: 18-3219 Beverly Holmes-Diltz v. David Sosne, et al

Dear Ms. Holmes-Diltz:

The court today issued an opinion in this case. Judgment in accordance with the opinion was also entered today. The opinion will be released to the public at 10:00 a.m. today. Please hold the opinion in confidence until that time.

Please review Federal Rules of Appellate Procedure and the Eighth Circuit Rules on post- submission procedure to ensure that any contemplated filing is timely and in compliance with the rules. Note particularly that petitions for rehearing and petitions for rehearing en banc must be received in the clerk's office within 45 days of the date of the entry of judgment. Counsel-filed petitions must be filed electronically in CM/ECF. Paper copies are not required. No grace period for mailing is allowed, and the date of the postmark is irrelevant, for pro-se-filed petitions. Any petition for rehearing or petition for rehearing en banc which is not received within the 45 day period for filing permitted by FRAP 40 may be denied as untimely.

Michael E. Gans Clerk of Court

CMD

Enclosure(s)

cc: Mr. Gregory J. Linhares Office of U.S. Trustee Ms. Angela Redden-Jansen

District Court/Agency Case Number(s): 4:18-cv-00210-RLW