Opinion
No. 12-35781 D.C. No. 3:12 cv-0236 MO
05-22-2014
BRADLEY WESTON TAGGART, Plaintiff - Appellee, v. STUART M. BROWN, Defendant, And TERRY W. EMMERT; KEITH JEHNKE; SHERWOOD PARK BUSINESS CENTER, LLC, Defendants - Appellants.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Oregon
Michael W. Mosman, District Judge, Presiding
Argued and Submitted May 16, 2014
Portland, Oregon
Before: ALARCÓN, TASHIMA, and IKUTA, Circuit Judges.
Defendants-Appellants appeal the district court's decision reversing the bankruptcy court and remanding for further proceedings. We dismiss the appeal for lack of jurisdiction under 28 U.S.C. § 158(d).
"Our jurisdiction under section 158(d) . . . requires a final decision from the district court." Stanley v. Crossland, Crossland, Chambers, MacArthur & Lastreto (In re Lakeshore Vill. Resort, Ltd.), 81 F.3d 103, 105 (9th Cir. 1996). Considering "(1) the need to avoid piecemeal litigation; (2) judicial efficiency; (3) the systemic interest in preserving the bankruptcy court's role as the finder of fact; and (4) whether delaying review would cause either party irreparable harm," id. at 106 (citing Vylene Enters., Inc. v. Naugles, Inc. (In re Vylene Enters., Inc.), 968 F.2d 887, 895-96 (9th Cir. 1992)), we hold that the district court's decision, which remanded to the bankruptcy court for further factual findings, does not constitute a final order under § 158(d). See Congrejo Invs., LLC v. Mann (In re Bender), 586 F.3d 1159, 1165-66 (9th Cir. 2009).
The appeal from the district court is hereby DISMISSED, and the case is REMANDED for further proceedings. No costs.