Howard v. The Citizens Bank of Cochran et al

Filing 2

ORDER for Appellee's Response by November 20, 2006. Ordered by Judge Wilbur D. Owens Jr. on 10/17/2006. (cf) Modified on 10/20/2006 (hrm, ).

Howard v. The Citizens Bank of Cochran et al

Doc. 2

Case 5:06-cv-00357-WDO

Document 2

Filed 10/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION On Request for Interlocutory Appeal from the United States Bankruptcy Court for the Middle District of Georgia Macon Division 5:06-CV-357 (WDO) THE CITIZENS BANK OF COCHRAN and HERBERT DAVIS, Appellants v. ARTHUR HOWARD, Debtor-Appellee

OWENS, J. This matter is before the court on Appellants' motion for leave to appeal an interlocutory order entered by the Bankruptcy Court. Courts should only grant a leave to appeal an interlocutory order that involves a controlling question of law as to which there is substantial ground for difference of opinion. The appellant must also show that an immediate appeal from the order may materially advance the

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Dockets.Justia.com

Case 5:06-cv-00357-WDO

Document 2

Filed 10/17/2006

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ultimate termination of the litigation. 28 U.S.C.A. § 1292(b). Having received no response from the Debtor-Appellee and it being clear that said response is necessary before the Court can make the aforementioned determinations, DebtorAppellee Arthur Howard is HEREBY ORDERED to respond to the Appellants' Motion for Leave to Appeal Interlocutory Order by no later than Monday, November 20, 2006.

SO ORDERED this 17th day of October 2006.

S/ WILBUR D. OWENS, JR. UNITED STATES DISTRICT JUDGE

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