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.

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?