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    In Re Stephenson V., 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony E. Stephenson related to bankruptcy court orders. The district court had dismissed Stephenson's appeals from two bankruptcy court orders but not a third. The Fourth Circuit finds that the district court's order is not final or appealable and dismisses the appeal as interlocutory since the district court had not entered a final order on the pending third appeal.

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    In Re Stephenson V., 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony E. Stephenson related to bankruptcy court orders. The district court had dismissed Stephenson's appeals from two bankruptcy court orders but not a third. The Fourth Circuit finds that the district court's order is not final or appealable and dismisses the appeal as interlocutory since the district court had not entered a final order on the pending third appeal.

    Original Description:

    Filed: 1999-12-17 Precedential Status: Non-Precedential Docket: 99-1328

    Original Title

    In re Stephenson v., 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony E. Stephenson related to bankruptcy court orders. The district court had dismissed Stephenson's appeals from two bankruptcy court orders but not a third. The Fourth Circuit finds that the district court's order is not final or appealable and dismisses the appeal as interlocutory since the district court had not entered a final order on the pending third appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    6 views3 pages

    In Re Stephenson V., 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Anthony E. Stephenson related to bankruptcy court orders. The district court had dismissed Stephenson's appeals from two bankruptcy court orders but not a third. The Fourth Circuit finds that the district court's order is not final or appealable and dismisses the appeal as interlocutory since the district court had not entered a final order on the pending third appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-1328

    In Re:

    ANTHONY E. STEPHENSON,
    Debtor.

    ANTHONY E. STEPHENSON,
    Debtor - Appellant,
    versus
    JAMES H. LEE,
    Creditor - Appellee,
    and
    MARK M. MALAND,
    Trustee.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (MC-98-36, BK-87-01521-MN2)

    Submitted:

    September 30, 1999

    Decided:

    December 17, 1999

    Before WIDENER, WILLIAMS, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Rosbon D. B. Whedbee, Ahoskie, North Carolina, for Appellant.
    Stephen L. Beaman, Richard S. Wright, BEAMAN & KING, P.A., Wilson,
    North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Anthony E. Stephenson seeks to appeal the district court's
    order dismissing in part his appeals from the bankruptcy court.
    The district court's order granted the creditor's motion to dismiss
    two notices of appeal filed by Stephenson (from the bankruptcy
    court's March 10 and April 9 orders) but denied the motion as to
    Stephenson's July 9 notice of appeal from the bankruptcy court's
    June 29, 1998, supplemental order directing transfer of assets. At
    the time Stephenson filed this notice of appeal, the district court
    had not yet entered a final order with respect to the July 9 notice
    of appeal.

    Therefore, we dismiss the appeal for lack of jurisdic-

    tion because the order is not appealable.

    This court may exercise

    jurisdiction only over final orders, 28 U.S.C. 1291 (1994), and


    certain interlocutory and collateral orders, 28 U.S.C. 1292
    (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
    Corp., 337 U.S. 541 (1949).

    The order here appealed is neither a

    final order nor an appealable interlocutory or collateral order.


    We dismiss the appeal as interlocutory. We dispense with oral
    argument because the facts and legal contentions are adequately
    presented in the materials before the court and argument would not
    aid the decisional process.

    DISMISSED

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