No. 22-408

Alice Guan v. Ellingsworth Residential Community Association, Inc.

Lower Court: Eleventh Circuit
Docketed: 2022-11-01
Status: Denied
Type: Paid
Tags: adversary-proceeding appellate-review bankruptcy-court-order bankruptcy-estate bankruptcy-jurisdiction bankruptcy-procedure dismissal-with-prejudice final-order judicial-activity standing
Latest Conference: 2023-01-06
Question Presented (from Petition)

1. Whether district court's order dismissing case 6:20ap-55 with prejudice is a final order that Eleventh Circuit must review.

2. Whether both district court's order and bankruptcy court's order denying with prejudice a motion to compel critical assets information and denying the protection of bankruptcy estate under case 6:20-bk-01346 are final orders that Eleventh Circuit must review.

3. Whether bankruptcy court's only activity in remand of merely replacing basis for dismissal with "fails to state a claim upon which relief can be granted" is "significant judicial activity" that could warrant the Eleventh Circuit to deny its jurisdiction of the appeal.

4. Whether 11th Circuit's using "significant judicial activity" test without specificity as to what those activities are in its process to determine if an order is final order or not is a permitted way to determine order's finality.

Question Presented (AI Summary)

Whether district court's order dismissing case 6:20-ap-55 with prejudice is a final order that Eleventh Circuit must review

Docket Entries

2023-01-09
Petition DENIED.
2022-12-14
DISTRIBUTED for Conference of 1/6/2023.
2022-10-24

Attorneys

Alice Guan
Alice Guan — Petitioner