Robert K. Zabka, et ux. v. United States, et al.

The Circuits are Conflicted The First and Second Circuits are in conflict with the Seventh Circuit as to whether the order appointing a receiver is the final appealable order, or whether some later order respecting that receivership is the appealable order. The relatively few precedential Federal Circuit decisions respecting orders appointing a receiver draw no uniform standard of what constitutes a final appealable order; hence, litigants and courts are unsure of when an appeal can be taken. This lack of uniformity has resulted in conflicting, hyper-technical, and unclear court analysis, compelling litigants to appeal early and often. Such uncertainty foments serial appeals, frustrates a clear and regular flow of procedure, even resulting in wrongful loss of property. Given this state of procedural uncertainty, the First Question is Where the court clerk has entered the final appealable judgment, and the district court judge has . initialed it as such, and then the litigant appeals from that final judgment and a subsequent order appointing a receiver, can the appellate court bar that appeal, stating that the district court clerk erred in entering that judgment, and that the litigant failed to timely appeal from a later modification of the receivership that the Seventh Circuit deemed to be the final judgment? 1 Received MAR 1 3 2020 t