Merkle v. Thomas, No. 22-50216 (5th Cir. 2022)

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Case: 22-50216 Document: 00516534918 Page: 1 Date Filed: 11/04/2022 United States Court of Appeals for the Fifth Circuit No. 22-50216 United States Court of Appeals Fifth Circuit FILED November 4, 2022 In the Matter of Carl N. Merkle Lyle W. Cayce Clerk Debtor, Carl N. Merkle, Appellant, versus Johnny W. Thomas, Chapter 7 Trustee, Appellee. Appeal from the United States District Court for the Western District of Texas USDC No. 5:21-CV-1278 Before Higginbotham, Graves, and Ho, Circuit Judges. Per Curiam:* This court has “an independent obligation to determine whether subject-matter jurisdiction exists.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-50216 Document: 00516534918 Page: 2 Date Filed: 11/04/2022 No. 22-50216 (2006). “Federal appellate courts have jurisdiction over appeals only from (1) a final decision under 28 U.S.C. § 1291; (2) a decision that is deemed final due to jurisprudential exception or that has been properly certified as final pursuant to Fed. R. Civ. P. 54(b); and (3) interlocutory orders that fall into specific classes, 28 U.S.C. § 1292(a), or that have been properly certified for appeal by the district court, 28 U.S.C. § 1292(b).” Askanase v. Livingwell, Inc., 981 F.2d 807, 809-10 (5th Cir. 1993). This bankruptcy appeal does not fall under any of those categories. The notice of appeal states that it concerns an oral order by the bankruptcy judge, not a final order from the district court. And the district court had only issued only one order at the time, an order to show cause, that was nonappealable. Accordingly, the appeal is dismissed for lack of jurisdiction. 2

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