Keever v. Gallagher

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1747
SUSAN F. KEEVER,
Plaintiff - Appellee,
v.
MARTHA MEDLOCK GALLAGHER,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Martin K. Reidinger,
District Judge. (3:07-cv-00362-MR)
Submitted: February 26, 2009 Decided: March 3, 2009
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas B. Kakassy, THOMAS B. KAKASSY, PA, Gastonia, North
Carolina, for Appellant. Geoffrey A. Planer, Gastonia, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Martha Medlock Gallagher appeals the district court’s
order affirming in part, reversing in part, and remanding to the
bankruptcy court for further proceedings to determine the non-
dischargeable portion of a state court tort award. This court
may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (2006), and certain interlocutory and collateral orders,
28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order
Gallagher seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. District court
orders remanding matters to the bankruptcy court for further
consideration are not final orders. See Legal Representative
for Future Claimants v. Aetna Cas. & Sur. Co. (In re The Wallace
& Gale Co.), 72 F.3d 21, 24 (4th Cir. 1995); see also Capitol
Credit Plan of Tenn., Inc. v. Shaffer, 912 F.2d 749, 750 (4th
Cir. 1990) (holding that district court order remanding for the
bankruptcy court to address two arguments not previously
addressed by the bankruptcy court was not a final decision).
Accordingly, we dismiss the appeal for lack of jurisdiction. We
dispense with oral argument because the facts and legal
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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
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