United States v. L.J. Garner and Tommie N. Garner

749 F.2d 281, 1985 U.S. App. LEXIS 27448
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 3, 1985
Docket83-4531
StatusPublished
Cited by54 cases

This text of 749 F.2d 281 (United States v. L.J. Garner and Tommie N. Garner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. L.J. Garner and Tommie N. Garner, 749 F.2d 281, 1985 U.S. App. LEXIS 27448 (5th Cir. 1985).

Opinions

RANDALL, Circuit Judge:

The United States appeals from an order of the district court barring the govern[283]*283ment from proceeding with foreclosure on the property of L.J. and Tommie N. Garner until (1) the Secretary of Agriculture issues regulations providing for refinancing by the Farmers Home Administration of its own loans at least under certain unspecified circumstances and (2) the Farmers Home Administration considers whether its mortgage loan to the Garners qualifies for refinancing under such regulations. Because we find that the district court’s order is not subject to interlocutory review, we dismiss this appeal for lack of subject matter jurisdiction.

I. FACTUAL AND PROCEDURAL HISTORY.

On March 29, 1979, the Farmers Home Administration (FmHA) loaned L.J. and Tommie N. Garner (the Garners)1 $24,300 for the purchase of residential property in Hollandale, Mississippi. In connection with the loan, the Garners executed a deed of trust giving the FmHA a security interest in the property and signed a promissory note setting forth the terms of the repayment obligations to the FmHA. The note contained a standard acceleration clause in case of default.

Soon after the purchase of the property, the Garners became delinquent in their loan payments. The last payment was made on August 6, 1979; by October, 1982, the Garners were in arrears in the amount of $8,575. The FmHA notified the Garners that they were in default and demanded payment. After the Garners failed to cure their default, the government obtained a nonjudicial foreclosure against the property and instituted an eviction action in district court. The district court dismissed the suit and set aside the nonjudicial foreclosure on the ground that the Garners had not waived their right to a judicial hearing prior to foreclosure. The government did not appeal from the district court’s judgment.

On July 27, 1981, the government brought the instant action for judicial foreclosure and possession of the Garners’ Hol-landale property. In December of 1982, while the action was still pending, the Garners requested moratorium assistance from the FmHA. The FmHA denied this request on the ground that, because the Garners’ loan payment required less than 35% of their income, they were ineligible for a moratorium under FmHA regulations. See 7 C.F.R. § 1951.313 (1984). Although the Garners were apprised of their right to an administrative appeal, none was taken.

Shortly before trial on March 4, 1983, the Garners, pursuant to 42 U.S.C. § 1471(a),2 [284]*284asked the FmHA to refinance their loan. The FmHA denied this request as well, stating that government regulations precluded it from refinancing its own loans. See 7 C.F.R. § 1944.22(a) (1984).3 At trial, the district court in an informal bench ruling found that the Garners’ due process rights had been satisfied with respect to the judicial foreclosure proceeding and that the Garners had waived any right to a moratorium on repayment by failing to appeal the FmHA’s denial of their moratorium request. The court thereupon stated that it was prepared to order foreclosure upon being satisfied that the FmHA lacked the authority to refinance the Garners’ loan. The court accordingly withheld final judgment pending briefing on that issue by the parties.

On July 1, 1983, the district court in a memorandum opinion and order held that 42 U.S.C. § 1471(a) imposed an imperative duty on the Secretary of Agriculture (Secretary) to promulgate regulations providing for FmHA refinancing of its own loans, at least in certain unspecified circumstances. United States v. Garner, 567 F.Supp. 313 (N.D.Miss.1983). The court, relying on § 1471(a)’s legislative history, found that “the regulation [prohibiting the FmHA from refinancing its own loans] was not reasonably adopted, conflicts with the act of Congress under which it was promulgated, and cannot stand.” Id. at 316. Based on this finding, the court barred the FmHA from proceeding with foreclosure until it considered the Garners’ loan for refinancing under properly adopted regulations. The court also ordered the Garners to make payments into the court’s registry in the amount of $150 per month as reasonable rent for the property until the FmHA considers their loan for refinancing.4 The government appeals.

II. APPELLATE JURISDICTION.

Federal courts of appeals are courts of limited jurisdiction. We have only that authority either endowed by the Constitution or conferred by Congress. As a result, we have the responsibility to examine sua sponte the basis of our own jurisdiction. That none of the parties has raised the jurisdictional issue, or even that all of the parties consent to the jurisdiction of the court, is, of course, irrelevant. Koke v. Phillips Petroleum Co., 730 F.2d 211, 214 (5th Cir.1984); Save the Bay, Inc. v. United States Army, 639 F.2d 1100, 1102 (5th Cir.1981). Accordingly, we address as a threshold matter whether the district court’s order in this case is appealable.

Congress has vested the courts of appeals with “jurisdiction of appeals from all final decision of the district courts of the United States ... except where a direct review may be had in the Supreme Court.” 28 U.S.C. § 1291. This requirement of finality has been called “an historic characteristic of federal appellate procedure.” Flanagan v. United States, — U.S. —, 104 S.Ct. 1051, 1054, 79 L.Ed.2d 288 (1984) (quoting Cobbledick v. United States, 309 U.S. 323, 324, 60 S.Ct. 540, 541, 84 L.Ed. 783 (1940)). The final judgment rule serves [285]*285such important interests as preserving the respect due to trial judges by minimizing appellate court interference, reducing the ability of litigants to harass opponents, and keeping the courts unclogged by successions of costly and time-consuming appeals. Flanagan, supra, 104 S.Ct. at 1054; Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 374, 101 S.Ct. 669, 673, 66 L.Ed.2d 571 (1981). Thus, the Supreme Court has consistently held that as a general rule an order is final only when it “ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.” Firestone Tire & Rubber Co., supra, at 373, 101 S.Ct. at 673; Coopers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 2457, 57 L.Ed.2d 351 (1978); Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945). See also Newpark Shipbuilding & Repair, Inc. v. Roundtree, 723 F.2d 399, 400 (5th Cir.1984) (en banc).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
749 F.2d 281, 1985 U.S. App. LEXIS 27448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lj-garner-and-tommie-n-garner-ca5-1985.