Jones

Jones v. Gowen

Good Law
270 F. App'x 537
United States Court of Appeals for the Ninth CircuitMarch 14, 2008No. 05-16938California443 words

Opinion

lead Opinion

MEMORANDUM *

Chapter 7 debtor Anita S. Jones appeals the district court’s affirmance of the bankruptcy court’s order granting her motion to dismiss the adversary complaint filed by Gary E. Gowen. Because Jones appealed an interlocutory order from the bankruptcy court, we dismiss for lack of jurisdiction. As the parties are familiar with the factual and procedural history of this case, we do not recount it here.

We have jurisdiction to review only final orders, judgments, or decrees of the bankruptcy courts, regardless of whether these orders are first reviewed by a district court or a bankruptcy appellate panel. Mason v. Integrity Ins. Co. (In re Mason), 709 F.2d 1313, 1315 (9th Cir.1983). We may not review an interlocutory order of the bankruptcy court. Id.

The general rule is that an order dismissing a complaint with leave to amend is not a final, appealable order, and we lack appellate jurisdiction to consider it. WMX Technologies v. Miller, 104 F.3d 1133 , 1136 (9th Cir.1997) (en banc). However, because this case originates in bankruptcy, we apply a “pragmatic approach” to determining the finality of bankruptcy orders appealed under 28 U.S.C. section 158 (d) “because of the…

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