Tobkin v. Calderin

Filing 6

ORDER denying motion for leave to appeal, Order directing the Clerk of Court to close this matter for statistical purposes Closing Case. Signed by Judge Darrin P. Gayles on 11/20/2014. (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 14-MC-22490-DPG
DONALD ALAN TOBKIN,
Appellant,
vs.
JACQUELINE CALDERIN,
Appellee.
____________________________________/
ORDER DENYING MOTION FOR LEAVE TO APPEAL
THIS MATTER came before the Court upon Debtor-Appellant’s Motion for Leave to
Appeal [ECF No. 1]. The Court has reviewed the Motion, Appellee’s response in opposition, the
pertinent portions of the record, and is otherwise fully advised in the premises.
On July 7, 2014, Appellant filed a motion for leave to appeal an Order of the Bankruptcy
Court denying his motion to alter, amend, and/or vacate an order dismissing his bankruptcy
appeal. Appellant now moves for leave to appeal that Order. Appellee opposes the requested
relief.
Federal courts are of limited jurisdiction. Federated Mut. Ins. Co. v. McKinnon Motors,
LLC, 329 F.3d 805, 807 (11th Cir. 2003). Regarding appeals from bankruptcy courts, district
courts only have jurisdiction over final orders, certain interlocutory orders as specified in 28
U.S.C. § 158(a)(2), and other interlocutory orders, as specified in 28 U.S.C. 158(a)(3), with leave
of Court.

In his motion for leave, Appellant indicates that the order his is appealing is

interlocutory, but fails to detail how it falls within one of the limited categories of appealable
interlocutory appeals. Based thereon, it is

ORDERED and ADJUDGED that the Motion for Leave to Appeal is DENIED without
prejudice. It is further
ORDERED AND ADJUDGED that this case is CLOSED for administrative purposes
and all pending motions are DENIED as MOOT.
DONE AND ORDERED in Chambers at Miami, Florida this 20th day of November,
2014.

________________________________
DARRIN P. GAYLES
UNITED STATES DISTRICT JUDGE