Lucas van der Merwe v. Kathleen Sebelius, No. 13-2335 (8th Cir. 2014)

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Court Description: Civil case. Appeal dismissed for lack of an appealable order.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-2335 ___________________________ Lucas J. van der Merwe, D.C. lllllllllllllllllllll Plaintiff - Appellant v. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Arkansas - Fayetteville ____________ Submitted: March 18, 2014 Filed: April 28, 2014 [Unpublished] ____________ Before MURPHY, COLLOTON, and BENTON, Circuit Judges. ____________ PER CURIAM. Lucas van der Merwe appeals the district court s1 order denying his motion to dismiss his Medicare overpayment debt. The district court s order is not appealable, as the order is not a final decision and there is no basis to apply the collateral-order doctrine. See 28 U.S.C. ยง 1291 (courts of appeals have jurisdiction of appeals from final decisions of district courts); Alpine Glass, Inc. v. Country Mut. Ins. Co., 686 F.3d 874, 877 (8th Cir. 2012) (district court s order is final if it ends litigation on merits and leaves nothing more for court to do but execute judgment); Langford v. Norris, 614 F. 3d 445, 454-56 (8th Cir 2010) (interlocutory appeals are exceptional; under collateral-order doctrine, otherwise non-final order is immediately appealable only if it is conclusive, resolves important questions separate from merits, and is effectively unreviewable on appeal from final judgment). Accordingly, we dismiss the appeal for lack of jurisdiction. ______________________________ 1 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas. -2-

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