"An order is ministerial and final if it effectively resolves the merits, and the task on remand is 'unlikely to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal.' " In re Roussel, 769 F.3d 574, 577 (8th Cir. 2014) (citation omitted).
Id. at 783; cf. In re Roussel, 769 F.3d 574, 578 (8th Cir. 2014). We note, further, that it does not appear as though RDC moved for summary judgment on its unjust enrichment claim.
On further appeal, this court held it lacked jurisdiction to review the case until the pending attorneys' fees issue was resolved. In re Roussel , 769 F.3d 574 (8th Cir. 2014). The Honorable Judge Susan Webber Wright, United States District Court for the Eastern District of Arkansas.
Clear Sky and Deere appealed, and by order entered December 30, 2013, this Court reversed and found that Roussel's entire debt for breach of fiduciary duty is nondischargeable under 11 U.S.C. ยงยง 523(a)(4) and 523(a)(6). Additionally, the Court remanded the case for a determination of whether any portion of Roussel's related debt for attorney fees and costs is also nondischargeable. Roussel took a direct appeal, but the Eighth Circuit determined that this Court's order reversing in part and remanding did not qualify as a final, appealable order, and it dismissed the appeal for lack of jurisdiction. See In re Roussel, 769 F.3d 574, 578 (8th Cir. 2014). The late Honorable James G. Mixon, United States Bankruptcy Judge for the Eastern District of Arkansas.