In re Fundamental Long Term Care, Inc.

Filing 17

ORDER: Appellee shall its response within fourteen (14) days. Signed by Judge James S. Moody, Jr on 6/27/2013. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

FUNDAMENTAL LONG TERM
CARE HOLDINGS, LLC and
FUNDAMENTAL ADMINISTRATIVE
SERVICES, LLC,
Appellants,
v.

CASE NO: 8:13-CV-603-T-30
Bank. Case No. 8:11-bk-2228-MGW

TRANS HEALTH MANAGEMENT, INC.,
Appellee.
____________________________________/

ORDER
THIS CAUSE comes before the Court upon the Motion of Appellee Trans Health
Management, Inc. (THMI) to dismiss this appeal for lack of jurisdiction. Appellee argues
that this Court lacks jurisdiction because the appeal concerns a non-final order and
Appellants have not sought permission from the Court to appeal a non-final order pursuant
to 28 U.S.C. § 158(a)(1). Appellants counter with the argument that the order appealed from
is in fact a final order citing, among other cases, In Re: Sunbum Five Enterprises, LLC, 2011
WL 4529648 (M.D. Fla. 2011). In the alternative, Appellants request this Court to grant
them permission to bring this appeal.
Upon review, the Court concludes that it is appropriate to resolve this issue of attorney
conflict at the present time. It would be impractical for this case to reach its ultimate

conclusion only to find that one or more parties had been prejudiced by conflicted counsel.
It may be that the order appealed from is a final order, but, in an abundance of caution, this
Court hereby grants permission to the Appellants pursuant to 28 U.S.C. § 158 to bring this
appeal.
It is therefore ORDERED AND ADJUDGED that :
1.

Appellee shall its response within fourteen (14) days.

DONE and ORDERED in Tampa, Florida on June 27, 2013.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2013\13-cv-603.bk appeal.wpd

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