Lucas J. van der Merwe, D.C. v. Kathleen Sebelius, Secretary of the United States Department of Health

United States Court of Appeals
For the Eighth Circuit
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No. 13-2335
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Lucas J. van der Merwe, D.C.
lllllllllllllllllllll Plaintiff - Appellant
v.
Kathleen Sebelius, Secretary of the United States Department of Health and
Human Services
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Arkansas - Fayetteville
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Submitted: March 18, 2014
Filed: April 28, 2014
[Unpublished]
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Before MURPHY, COLLOTON, and BENTON, Circuit Judges.
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PER CURIAM.

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Lucas van der Merwe appeals the district court’s order denying his motion to1
dismiss his Medicare overpayment debt. The district court’s order is not appealable,
as the order is not a final decision and there is no basis to apply the collateral-order
doctrine. See 28 U.S.C. § 1291 (courts of appeals have jurisdiction of appeals from
final decisions of district courts); Alpine Glass, Inc. v. Country Mut. Ins. Co., 686
F.3d 874, 877 (8th Cir. 2012) (district court’s order is final if it ends litigation on
merits and leaves nothing more for court to do but execute judgment); Langford v.
Norris, 614 F. 3d 445, 454-56 (8th Cir 2010) (interlocutory appeals are exceptional;
under collateral-order doctrine, otherwise non-final order is immediately appealable
only if it is conclusive, resolves important questions separate from merits, and is
effectively unreviewable on appeal from final judgment). Accordingly, we dismiss
the appeal for lack of jurisdiction.
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The Honorable Jimm Larry Hendren, United States District Judge for the1
Western District of Arkansas.
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