Desselle v. Cottonport Bank (In Re Desselle) ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
February 7, 2006
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 05-30128
In The Matter Of: Lucas James Desselle
Debtor
LUCAS JAMES DESSELLE,
Appellee,
v.
COTTONPORT BANK,
Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
1:04-CV-1573
Before GARWOOD, BENAVIDES, and OWEN, Circuit Judges.
PER CURIAM:*
The Appellant asks whether the district court properly granted
a motion to withdraw the reference, transferring this case from the
bankruptcy court to the district court. This Court has held that
a district court’s decision to withdraw a reference is not an
*
Pursuant to 5TH CIR. R. 47.5, this Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
appealable final judgment. In re Lieb, 915 F.2d 180, 184 (5th Cir.
1990). We also held that an order granting or denying a motion to
withdraw does not constitute a “collateral order,” a narrow
exception to the final judgment rule. Id. In re Lieb remains the
rule in this circuit. See, e.g., Harvey Specialty & Supply, Inc.
v. Anson Flowline Equip. Inc., __ F.3d __, n.18, 2005 WL 3472133(5th Cir. Dec. 20, 2005) (citing In re Lieb and its holding that “a
transfer order is not a final judgment and is not immediately
appealable”).
The Appellant mistakenly relies on In re Aegis Specialty
Marketing Inc. of Alabama, 78 F.3d 919 (5th Cir. 1995). In re
Aegis refers to the finality of a district court order when that
court sits as a court of appeal in bankruptcy. Id. at 921. That
is not the issue in the present case, as seen by the district
court’s order withdrawing the reference.
For these reasons we do not have jurisdiction to hear this
appeal. Therefore, it is DISMISSED.