IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-30216
In The Matter Of: CLAY A WAGUESPACK, SR;
LOUISE HELEN WAGUESPACK
Debtors
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CLAY A WAGUESPACK SR;
LOUISE HELEN WAGUESPACK
Appellants
versus
KEITH RODRIGUEZ, Trustee
Appellee
Appeal from the United States District Court
for the Western District of Louisiana
(97-CV-1965)
January 8, 1999
Before HIGGINBOTHAM, DUHÉ, and DeMOSS, Circuit Judges.
HIGGINBOTHAM, Circuit Judge:*
After the decisions by the bankruptcy court and the United
States District Court, Congress enacted the Religious Liberty and
Charitable Donation Protection Act of 1998. We are loathe to
apply the new statute without the benefit of its application by
the trial courts.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
It develops that we need not address the new statute for the
reason that this court lacks jurisdiction. The district court’s
order was not final for purposes of § 158. “For purposes of §
158(d), a determination of the district court is not ‘final’
unless the underlying order of the bankruptcy court is final.”
Flor v. BOT Financial Corp., 79 F.3d 281, 283 (2d Cir. 1996);
Pleasant Woods Assocs. Ltd. Ptshp. v. Simmons First Nat’l Bank, 2
F.3d 837, 838 (8th Cir. 1993).
Appeal DISMISSED for want of jurisdiction.
2