Field v. RNI-NV Ltd. Partnership

MEMORANDUM

Defendant RNI-NV appeals the district court’s dismissal of its appeal from the bankruptcy court’s entry of judgment in plaintiffs favor. We may first consider whether the district court erred in holding it lacked jurisdiction over the appeal (rather than considering our appellate jurisdiction) because “a federal court has leeway ‘to choose among threshold grounds for denying audience to a case on the merits,’ ” Sinochem Int’l Co. v. Malay. Int’l Shipping Corp., 549 U.S. 422, 481 , 127 S.Ct. 1184 , 167 L.Ed.2d 15 (2007) (quoting Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 585 , 119 S.Ct. 1563 , 143 L.Ed.2d 760 (1999)). We affirm.

The district court concluded that it lacked jurisdiction over RNI-NV’s appeal because, at the time that RNI-NV filed its notice of appeal from the bankruptcy court’s decision, the bankruptcy court had not yet issued a final judgment. Although the bankruptcy court had entered summary judgment in plaintiffs favor on three of four claims, one claim remained outstanding. The parties did not stipulate to dismissal of the fourth and final claim until several days after RNI-NV filed its notice of appeal.

Fed. R. Bankr.P. 8002(a) provides, in part:…