Legal Opinion
Aalfs v. Sims
Court of Appeals for the Ninth Circuit
Decided March 5, 2004No. 03-15256; BAP Nos. NC-02-01218-RyKMa, NC-02-01241-RyKMaPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM *
This court may only take jurisdiction over a bankruptcy appeal when both the bankruptcy court order and the intermediate appellate decision are final. 28 U.S.C. § 158(d). This appeal fails the finality test on both levels of procedural posture and is therefore dismissed for lack of jurisdiction.
As an initial matter, the bankruptcy court only addressed one of two interrelated causes of action in its opinion, and as a result, did not finally resolve the rights of the parties in regard to all remedies sought. See, e.g., Elliot v. Four Seasons Properties (In re Frontier Properties,…
2Cases cited3 opinions
- In Re Vylene Enterprises, Inc., Debtor. Vylene Enterprises, Inc. v. Naugles, Inc.Court of Appeals for the Ninth Circuit · 1992
- Elliott v. Four Seasons Properties (In re Frontier Properties, Inc.)Court of Appeals for the Ninth Circuit · 1992
- In Re Kenneth C. Allen, A/K/A Bud Allen, Debtor. Kenneth C. Allen, A/K/A Bud Allen v. Old National Bank of Washington, in Re Judith P. Allen, Debtor. Judith P. Allen v. Old National Bank of WashingtonCourt of Appeals for the Ninth Circuit · 1990
3Cited by2 opinions
- In Re Straightline Investments, Inc.Court of Appeals for the Ninth Circuit · 2008
- Straightline Invest v. AalfsCourt of Appeals for the Ninth Circuit · 2008