Richard Samson v. Timothy Blixseth

MEMORANDUM

Timothy Blixseth, Desert Ranch LLLP, and Desert Ranch Management LLC (collectively, “Blixseth”), appeal from the district court’s dismissal of Blixseth’s appeal from the bankruptcy court’s denial of abstention. We dismiss this appeal for lack of jurisdiction.

We do not have jurisdiction to hear interlocutory appeals in bankruptcy cases. Silver Sage Partners, Ltd. v. City of Desert Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 787 (9th Cir.2003). Although the “finality rule is given additional flexibility in the bankruptcy proceedings context, traditional finality concerns nonetheless dictate that we avoid having a case make two complete trips through the appellate process.” Law Offices of Nicholas A. Franke v. Tiffany (In re Lewis), 113 F.3d 1040, 1043 (9th Cir.1997) (internal quotation marks and citation omitted).

The bankruptcy court’s denial of Blix-seth’s motion for abstention under 28 U.S.C. § 1334 (c) is not a final order under 28 U.S.C. § 1291 or 28 U.S.C. § 158 . It did not “end[] the litigation on the merits,” Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631 , 89 L.Ed. 911 (1945), nor did it “resolve[ ] and seriously affect[ ]” the…