Alice Guan v. Ellingsworth Residential Community Association, Inc.

Eighty (80) Equity Security Holders each owning a house valued between $500,000-$850,000 control the HOA. After Justin Luna met with the 80 Equity Security Holders to convince them go bankrupt, 79 equity security holders voted to go ahead with it, and each equity security holder put forth $312.5 to pay Justin Luna to file case 6:20-bk-01346. App.l3a-20a, App.l00a-165a. Alice filed case 6:20-ap-55 to request Judge Karen Jennemann, in this case or take action in case 6:20-bk01346, to compel assets and property information (such as values of HOA common properties, all of the 79 houses and other assets and income of the 79 equity security holders) and to prevent 79 equity security holders from selling any assets or to take new debts without court’s approval. Judge Jennemann first confirmed Debtor’s plan then dismissed case 6:20-ap-55 with prejudice. Dis­ trict court Judge Wendy Berger affirmed on a differ­ ent ground by stating “A reviewing court may affirm on any ground” and she only reversed the basis for dismissal and directed Judge Jennemann use the basis of “fails to state a claim upon which relief can be granted.” App.3a-10a. Alice appealed, which Eleventh Circuit dismissed for lack of jurisdiction by ruling district court’s order is not a final order because “bankruptcy court will have to exercise “significant judicial activity” on remand.” App.la-2a. The questions presented are: 1. Whether district court’s order dismissing case 6:20ap-55 with prejudice is a final order that Eleventh Circuit must review.