Wayne Lyle v. Fulcrum Loan Holdings, LLC

── Wayne Lyle v. Fulcrum Loan Holdings, LLC ── Case No.: 25-14218 Court: Court of Appeals for the Eleventh Circuit Date: March 13, 2026 Category: NEW USCA11 Case: 25-14218 Document: 51-1 Date Filed: 03/13/2026 Page: 1 of 4 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-14218 Non-Argument Calendar ____________________ In re: FULCRUM LOAN HOLDINGS, LLC, et al., Debtor. ___________________________________ WAYNE LYLE, CHUCK CARY, Plaintiffs-Appellants-Cross Appellees, versus FULCRUM LOAN HOLDINGS, LLC, BAY POINT CAPITAL ADVISORS, II, LP, BAY POINT CAPITAL PARTNERS II, LP, Defendants-Appellees, RONALD LAVENTHAL, Defendant-Appellee-Cross Appellant. USCA11 Case: 25-14218 Document: 51-1 Date Filed: 03/13/2026 Page: 2 of 4 2 Opinion of the Court 25-14218 ____________________ Appeals from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-06428-TRJ, Bkcy No. 23-56114-pwb ____________________ Before NEWSOM, LAGOA, and KIDD, Circuit Judges. PER CURIAM: Wayne Lyle and Charles Cary appeal from the district court’s order denying their emergency motions to stay a sale of real property pending the appeal to the district court of a confirmation order in a core bankruptcy proceeding. Ronald Leventhal, pro- ceeding pro se, cross-appeals from the same order. We asked the parties to address our jurisdiction to review the order and whether the appeal is now moot. In their response, Lyle and Carey move to dismiss the appeal for lack of jurisdiction, arguing that their appeal is now moot and was taken from an interim order. Appellee Bay Point Capital Part- ners II, LP agrees, contending that the district court’s order was an unappealable interlocutory ruling and that the appeal is moot now that the auction of the property at issue has occurred. Leventhal disagrees, contending that the appeal will not become moot until the bankruptcy court confirms the auction sale. We have consid- ered all of Leventhal’s filings about the jurisdictional issues, thus mooting his motion to consolidate his jurisdictional filings. In bankruptcy cases, our jurisdiction extends to “all final de- cisions, judgments, orders, and decrees” entered by the district USCA11 Case: 25-14218 Document: 51-1 Date Filed: 03/13/2026 Page: 3 of 4 25-14218 Opinion of the Court 3 court. 28 U.S.C. §§ 158(d)(1), 1291. Additionally, there are three narrow jurisprudential exceptions to the finality requirement—the collateral order doctrine, the practical finality doctrine, and the marginal finality doctrine. See Lockwood v. Snookies, Inc. (In re F.D.R. Hickory House, Inc.), 60 F.3d 724, 725-27 (11th Cir. 1995). The district court’s order refusing to stay the sale is not final, as it did not end any bankruptcy proceedings, and it is not immedi- ately appealable under the narrow exceptions to the finality re- quirement. See 28 U.S.C. §§ 158(d), 1291. The order does not implicate a substantial public interest or an unsettled issue of national significance, so the collateral order and marginal finality doctrines do not apply. See Plaintiff A