HSBC Bank USA, N.A. v. Townsend

Ct. of Appeals lacked jurisdiction to consider defendant’s pro se appeal of Dist. Ct.’s order granting plaintiff’s summary judgment motion seeking to foreclose on defendant’s property based upon defendant’s default on mortgage note held by plaintiff. While Dist. Ct. entered Rule 54(b) order stating that its judgment was final and appealable, instant order was not final and appealable where property was subject to future reinstatement and redemption rights that could either alter said order or render it moot. Moreover, order was not final where foreclosure proceeding was still subject to future hearing to determine propriety of judicial sale and to assess any deficiency damages. Ct. further observed that Dist. Ct.’s order: (1) was not “separate claim” for purposes of rendering it final order under Rule 54(b); (2) was not form of injunction that would make it appealable under section 1292(a)(1); and (3) was not appealable under Forgay, under circumstances where defendant would suffer irreparable harm if required to wait until order became final to file appeal. (Dissent filed.)