Circuit split · civil procedure

Whether a partial judgment is 'final' so as to vest the courts of appeals with appellate jurisdiction

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

Internal Revenue Service v. Hildebrand248 F3D 484
Sixth Circuit Court of Appeals · April 9, 2001
“Recognizing the split among the circuits on the issue of whether a partial judgment was considered final and therefore vested appellate courts with jurisdiction, we found persuasive the reasoning of those circuits that found jurisdiction.” — Acknowledges a circuit split
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The provision at issue

“(a) The district courts of the United States shall have jurisdiction to hear appeals 1 (1) from final judgments, orders, and decrees; (2) from interlocutory orders and decrees issued under section 1121(d) of title 11 increasing or reducing the time periods referred to in section 1121 of such title; and (3) with leave of the court, from other interlocutory orders and decrees; of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title . An appeal under this subsection shall be taken …”

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The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

Joined byIn re Gardner810 F.2d 92
“In In re Gardner, the district court reversed the bankruptcy court on two issues.” — Internal Revenue Service v. Hildebrand, acknowledging the split
DiscussedIn re Frederick Petroleum Corp.912 F.2d 852
“The next published opinion to address the question of finality, In re Frederick Petroleum, implied that we were free to consider different approaches to resolving the issue.” — Internal Revenue Service v. Hildebrand, acknowledging the split
DiscussedIn re Yousif201 F.3d 778
“In the very cases that have established our method of determining finality, we have noted that we “view all proceedings in [bankruptcy] action[s], whether in the Bankruptcy Court or the District Court, as one proceeding in bankruptcy.” In re Frederick Petroleum Corp., 912 F.2d at 853 ; see also In re Yousif, 201 F.3d at 778 .” — Internal Revenue Service v. Hildebrand, acknowledging the split
DiscussedIn re Waterman & Associates

What the split turns on

Statutes:: § 158(d) ·; 28 U.S.C. § 158(a) & (b) ·; § 365(d)(4)
Doctrines & tests:: Rule 54(b) certification

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.