Stlmnt Custom Homes v. Jackson

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-50101
Summary Calendar
In the Matter of: BRIAN J. JACKSON; REBECCA L. JACKSON,
Debtors,
SETTLEMENT CUSTOM HOMES,
Appellee,
v.
BRIAN J. JACKSON,
Appellant.
Appeal from the United States District Court
for the Western District of Texas
(A-00-CV-295)
July 23, 2001
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Appellant asks us to reverse the district court's finding that
a debt incurred through fraudulent pretenses was not dischargeable.
We are unable to reach the merits of Appellant's position, however,
as the district court's order was not "final" for purposes of 28
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 CIR. R. 47.5.4.
U.S.C. § 158(d). The district court remanded to the bankruptcy
court to determine the amount owed on the promissory note and any
attorney's fees to be awarded. As the bankruptcy court will be
required to conduct "significant further proceedings" on remand, we
have no jurisdiction to hear this appeal.1 Nor does the collateral
order doctrine provide us with jurisdiction, as the district
court's judgment is not insulated from appeal following remand.2 We
therefore DISMISS this appeal for lack of jurisdiction.
DISMISSED.
1
See In re Aegis Specialty Mktng. Inc., 68 F.3d 919, 921 (5th
Cir. 1995).
2
See id. at 921-22.
2