Kevan Harry Gilman V.

Good Law
577 F. App'x 643
United States Court of Appeals for the Ninth CircuitMay 29, 201412-55843California261 words

Opinion

Opinion

MEMORANDUM

Appellants Tammy R. Phillips and Tammy R. Phillips, a Professional Law Corporation, appeal from the district court’s order dismissing their appeal of the bankruptcy court’s order denying their special motion to strike an affirmative defense in the adversary proceedings they brought against debtor Kevan Harry Gilman. We review de novo both our own jurisdiction and whether a bankruptcy court’s decision is final under 28 U.S.C. § 158 (d). 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). We dismiss.

We lack appellate jurisdiction because the bankruptcy court’s order denying Appellants’ motion entitled “Special Motion to Strike Under California’s anti-SLAPP Statute” is not a final decision. See Rains v. Flinn (In re Rains), 428 F.3d 893, 901 (9th Cir.2005) (explaining that this court has jurisdiction only when both the bankruptcy court order and the decision of the district court acting in its bankruptcy appellate capacity are final orders); United States v. Fowler (In re Fowler), 394 F.3d 1208, 1211 (9th Cir.2005) (discussing “pragmatic approach to determining finality” of bankruptcy court…

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