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  • Ziba Bennett Phelps, III v. Sovran Bank, N.A., and Gerald M. O'donnell, Trustee-Appellee, 900 F.2d 254, 4th Cir. (1990)

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    Ziba Bennett Phelps, III appealed a district court order affirming a bankruptcy court's denial of his motion regarding the waiver of his discharge, settlement of dower interests, and production of his wife. The appeals court dismissed the appeal for lack of jurisdiction, as the bankruptcy court's underlying order was not a final order as required for the appeals court to hear the case. The appeals court determined that both the district court and bankruptcy court orders must be final for it to have jurisdiction over an appeal from a bankruptcy matter.

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    Filed: 1990-04-25 Precedential Status: Non-Precedential Citations: 900 F.2d 254 Docket: 89-3324

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    Ziba Bennett Phelps, III appealed a district court order affirming a bankruptcy court's denial of his motion regarding the waiver of his discharge, settlement of dower interests, and production of his wife. The appeals court dismissed the appeal for lack of jurisdiction, as the bankruptcy court's underlying order was not a final order as required for the appeals court to hear the case. The appeals court determined that both the district court and bankruptcy court orders must be final for it to have jurisdiction over an appeal from a bankruptcy matter.

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    Ziba Bennett Phelps, III v. Sovran Bank, N.A., and Gerald M. O'donnell, Trustee-Appellee, 900 F.2d 254, 4th Cir. (1990)

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    Ziba Bennett Phelps, III appealed a district court order affirming a bankruptcy court's denial of his motion regarding the waiver of his discharge, settlement of dower interests, and production of his wife. The appeals court dismissed the appeal for lack of jurisdiction, as the bankruptcy court's underlying order was not a final order as required for the appeals court to hear the case. The appeals court determined that both the district court and bankruptcy court orders must be final for it to have jurisdiction over an appeal from a bankruptcy matter.

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    of 2

    900 F.

    2d 254
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Ziba Bennett PHELPS, III, Plaintiff-Appellant,
    v.
    SOVRAN BANK, N.A., Defendant,
    and
    Gerald M. O'Donnell, Trustee-Appellee.
    No. 89-3324.

    United States Court of Appeals, Fourth Circuit.


    Submitted: March 5, 1990.
    Decided: March 21, 1990.
    Rehearing and Rehearing In Banc Denied April 25, 1990.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Alexandria. Claude M. Hilton, District Judge. (C/A No. 89916-A)
    Ziba Bennett Phelps, III, appellant pro se.
    Gerald M. O'Donnell, Alexandria, Va., appellee.
    E.D.Va.
    DISMISSED.
    Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit
    Judges.
    PER CURIAM:

    Ziba Bennett Phelps, III, appeals from the district court's order affirming the
    bankruptcy court order denying his motion "To Waive Discharge, Settlement of
    Dower Interests, and Production of Wife."* Under 28 U.S.C. Sec. 158 district
    courts may entertain appeals from interlocutory orders of the bankruptcy
    courts. However, under 28 U.S.C. Sec. 158(d), both the district court and the
    bankruptcy court orders must be final before this Court has jurisdiction over the
    appeal. In re Looney, 823 F.2d 788, 790 n. 3 (4th Cir.), cert. denied, 484 U.S.
    977 (1987). In the present case the bankruptcy court's order was not a final
    order. Therefore, finding no basis for appellate jurisdiction, we dismiss the
    appeal as interlocutory. We dispense with oral argument because the dispositive
    issues have been decided authoritatively.
    DISMISSED

    Phelps sought to have the bankruptcy court issue a writ of habeas corpus for his
    ex-wife, who he believed was in a federal protection program, because he
    claimed their divorce was not valid and therefore she needed to release her
    dower interests in his property before his estate in bankruptcy could be settled

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