Legal Opinion · Dissent
In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of Education
Court of Appeals for the Ninth Circuit
Decided April 14, 2003No. 01-35620Published
1DissentWallace, Senior Circuit Judge
While I appreciate the majority’s analysis, I must respectfully dissent from its decision to assume jurisdiction over this interlocutory appeal. The appeal should be dismissed.
The majority cannot be faulted for following circuit cases regarding appellate jurisdiction in this case. Some of our court’s interpretations of 28 U.S.C. § 158(d) justifies a “pragmatic approach to finality” which allows many interlocutory orders to slip through the gates to appellate review. Despite the plain language of section 158(d), which allows us jurisdiction to hear appeals “from all final decisions, judgments,…
2Cases cited25 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- In Re Arochem CorporationCourt of Appeals for the Second Circuit · 1999
- In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
20 more not listed; retrieve them via the Exa API.