DiTucci v. Bowser, No. 19-4107 (10th Cir. 2021)
Annotate this CaseDefendant William Bowser appealed to challenge an interlocutory order forbidding him from transferring or encumbering a residence he was arranging to purchase and requiring him to deposit almost $350,000 with the district court. The Tenth Circuit dismissed the appeal for lack of appellate jurisdiction. The district court characterized its order as a prejudgment writ of attachment, which was unappealable. And although the Court might agree with Mr. Bowser that the characterization was incorrect, the Court disagreed that the order should have been characterized as an injunction that he would have a right to appeal under 28 U.S.C. 1292(a)(1). The Court declined to treat the order as the equivalent of an injunction because Mr. Bowser did not show that it “might have a serious, perhaps irreparable, consequence.”
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