Beverly Holmes-Diltz v. David Sosne

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-3219 ___________________________

In re: Darryl Allen

lllllllllllllllllllllDebtor

------------------------------

Beverly Holmes-Diltz

lllllllllllllllllllllAppellant

v.

David A. Sosne; Darryl Allen

lllllllllllllllllllllAppellees

Office of U.S. Trustee

lllllllllllllllllllllU.S. Trustee ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: July 2, 2019 Filed: July 3, 2019 [Unpublished] ____________

Before COLLOTON, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Beverly Holmes-Diltz appeals the district court’s1 dismissal of her interlocutory appeal from certain bankruptcy court orders, and requests mandamus relief. Upon careful review, we find that we lack jurisdiction to hear her appeal, as there has been no final judgment in the underlying bankruptcy case. See 28 U.S.C. § 158(d)(1) (courts of appeals have jurisdiction of appeals from final judgments and orders entered by district court hearing appeal from final judgment or order of bankruptcy court); In re Popkin & Stern, 105 F.3d 1248, 1250 (8th Cir. 1997) (district court’s order is not final unless underlying bankruptcy court order is final). We also deny the mandamus request, as Holmes-Diltz has not shown that she is clearly entitled to this extraordinary relief. See In re Borowiak IGA Foodliner, Inc., 879 F.3d 848, 849-50 (8th Cir. 2018) (per curiam) (writ of mandamus is extraordinary relief requiring that petitioner’s right to writ is clear and indisputable).

The appeal is dismissed for lack of jurisdiction, and the mandamus request is denied. ______________________________

1 The Honorable Ronnie L. White, United States District Judge for the Eastern District of Missouri.

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