JIMMIE D. SMITH, Chapter 7 Trustee v. Barbara Louise Braden

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIMMIE D. SMITH, Chapter 7 Trustee,
Appellant,
v.
BARBARA LOUISE BRADEN, Debtor,
Appellee.
No. 20-16465
D.C. No. 2:19-cv-02707-DJH
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Diane J. Humetewa, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
Chapter 7 trustee Jimmie D. Smith appeals from the district court’s
judgment vacating the bankruptcy court’s order denying a homestead exemption.
We review de novo our own jurisdiction. Silver Sage Partners, Ltd. v. City of
Desert Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 787 (9th Cir.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 25 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-16465
2003). We dismiss for lack of jurisdiction.
Upon a review of the record and the response to this court’s June 24, 2021
order to show cause, we conclude that the court lacks jurisdiction over this appeal.
The district court’s order vacating the bankruptcy court’s order denying a
homestead exemption and remanding for further explanation of the grounds for
denial is not a final appealable order. See 28 U.S.C. § 158(d)(1); Gugliuzza v. FTC
(In re Gugliuzza), 852 F.3d 884, 894 (9th Cir. 2017) (discussing factors for
assessing jurisdiction over an appeal from a district court ruling that remands the
case for further proceedings in the bankruptcy court).
DISMISSED.

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