4
MOAC MALL HOLDINGS LLC v. TRANSFORM HOLDCO LLC
Syllabus
Procedure 805 was understood to be jurisdictional because some appellate courts relied upon it to dismiss appeals that challenged the validity of a sale, without a consideration of the merits. Transform says that Congress transplanted Rule 805 wholesale into §363(m). But this argument fails at the gate: every lower court case Transform cites for support predates §363(m)’s 1978 enactment, and thus long predates the Court’s modern efforts on jurisdictional nomenclature. The Court routinely rejects such arguments, and does so here. Pp. 11–15.
Vacated and remanded.
