In re: Peter Paul Mitrano Debtor. Peter Paul Mitrano v. Marie Mitrano
July 7, 2026·6:24-mc-00019-WWB·Per Curiam·By Maria Santos
The United States Court of Appeals for the Eleventh Circuit dismissed an appeal sua sponte for lack of jurisdiction. The court held that the district court's order denying a motion to withdraw the reference of an adversary proceeding is not a final, appealable order.
Peter Paul Mitrano, proceeding pro se, appealed from a district court order denying his motion to withdraw the reference of his adversary proceeding against Marie Mitrano from the bankruptcy court.
The court’s reasoning
The court explained that orders denying motions to withdraw the reference essentially only determine the forum in which final decisions will be reached. Consequently, they are not final orders. Furthermore, they do not qualify as collateral orders because they remain subject to review upon final judgment.
essentially only determine the forum in which final decisions will be reached
Hialeah Hosp., Inc. v. Dep’t of Health & Rehabilitative Servs. (In re King Mem’l Hosp., Inc.), 767 F.2d 1508, 1510 (11th Cir. 1985)
What it means going forward
Litigants cannot immediately appeal a district court’s refusal to withdraw the reference of an adversary proceeding; they must wait for a final judgment in the underlying case.
