Narrative Opinion Summary
Ventura Group Ventures, Inc. (VGV) appeals the dismissal of its appeal from a bankruptcy court's decision, which denied VGV's motion to dismiss the Chapter 9 bankruptcy petition of the Ventura Port District. The Ninth Circuit Court of Appeals determines it lacks jurisdiction to hear the appeal, as the underlying bankruptcy court's decision is deemed interlocutory. Under 28 U.S.C. § 158(d), the court has jurisdiction over final orders, but cannot review interlocutory appeals. Since the bankruptcy court's order denying the motion to dismiss is not final, the appellate court concludes that the district court's order is also interlocutory, leading to a dismissal of VGV's appeal for lack of jurisdiction. The panel finds the case suitable for decision without oral argument and notes that the disposition is not intended for publication or citation except under specific circumstances as per Ninth Circuit Rule 36-3.
Legal Issues Addressed
Disposition Without Oral Argumentsubscribe to see similar legal issues
Application: The panel decided the case without oral argument, indicating it was suitable for such a decision under the circumstances.
Reasoning: The panel finds the case suitable for decision without oral argument and notes that the disposition is not intended for publication or citation except under specific circumstances as per Ninth Circuit Rule 36-3.
Finality Requirement for Appeals in Bankruptcy Casessubscribe to see similar legal issues
Application: The court concluded that both the bankruptcy court's order and the district court's order are interlocutory, and thus, the appeal by VGV was dismissed for lack of jurisdiction.
Reasoning: Since the bankruptcy court's order denying the motion to dismiss is not final, the appellate court concludes that the district court's order is also interlocutory, leading to a dismissal of VGV's appeal for lack of jurisdiction.
Jurisdiction of Appellate Courts under 28 U.S.C. § 158(d)subscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals determined that it lacks jurisdiction to hear VGV's appeal because the bankruptcy court's order is interlocutory and not a final order.
Reasoning: The Ninth Circuit Court of Appeals determines it lacks jurisdiction to hear the appeal, as the underlying bankruptcy court's decision is deemed interlocutory.