Bankr. L. Rep. P 71,464 in Re Sun Valley Foods Co., Debtor. Sun Valley Foods Co. v. Detroit Marine Terminals, Inc., (85-1354) Sun Valley Foods Co. v. Robert Ficano, Wayne Cnty. Sheriff, & G. Mennen Williams, James H. Brickley, James L. Ryan, Michael F. Cavanagh, Richard M. Maher, Barbara MacKenzie Martin B. Brieghner, & Richard C. Kaufman, Added (85-1517), 801 F.2d 186 (6th Cir. 1986). · Go Syfert
Bankr. L. Rep. P 71,464 in Re Sun Valley Foods Co., Debtor. Sun Valley Foods Co. v. Detroit Marine Terminals, Inc., (85-1354) Sun Valley Foods Co. v. Robert Ficano, Wayne Cnty. Sheriff, & G. Mennen Williams, James H. Brickley, James L. Ryan, Michael F. Cavanagh, Richard M. Maher, Barbara MacKenzie Martin B. Brieghner, & Richard C. Kaufman, Added (85-1517), 801 F.2d 186 (6th Cir. 1986). Cases Citing This Book View Copy Cite
“a united states district court 'has no authority to review final judgments of a state court in judicial proceedings.' . . . this is true, even though the state court judgment may have been erroneous.”
137 citation events (62 in the last 25 years) across 36 distinct courts.
Strongest positive: RLR Investments, LLC v. City of Pigeon Forge, Tennessee (tned, 2020-11-30)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) RLR Investments, LLC v. City of Pigeon Forge, Tennessee
E.D. Tenn. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a united states district court 'has no authority to review final judgments of a state court in judicial proceedings.' . . . this is true, even though the state court judgment may have been erroneous.
discussed Cited as authority (quoted) Drake v. Greeneville Collection Service, Inc.
E.D. Tenn. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence low
a united states district court has no authority to review final judgments of a state court in judicial proceedings. . . . this is true, even though the state court judgment may have been erroneous.
discussed Cited as authority (rule) Wilfred L. Anderson, M.D. v. State of Ohio, et al.
S.D. Ohio · 2025 · confidence medium
Plaintiff is correct that the United States Court of Appeals for the Sixth Circuit has held that “a federal court ‘may entertain a collateral attack on a state court judgment which is alleged to have been procured through fraud, deception, accident, or mistake.’” Sun Valley Foods, 801 F.2d at 189 (6th Cir.1986) (quoting Resolute Ins.
discussed Cited as authority (rule) Quick v. Educap Inc.
D.D.C. · 2018 · confidence medium
The fraud exception to the Rooker-Feldman doctrine allows a federal court to “entertain a collateral attack on a state court judgment which is alleged to have been procured through fraud, deception, accident or mistake which . . . deceived the Court into a wrong decree[.]” Sun Valley Foods Co. v. Detroit Marine Terminals Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir. 1986) (quoting Resolute Ins.
cited Cited as authority (rule) Ronald Alan Brown v.
6th Cir. BAP · 2014 · confidence medium
Sun Valley Foods Co., v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 190 (6th Cir. 1986).
discussed Cited as authority (rule) Simon v. Lis (In re Graves)
E.D. Mich. · 2012 · confidence medium
“A ‘final’ decision generally ends the litigation on its merits and leaves nothing for the court to do but execute the judgment.” Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) International Christian Music Ministry Inc. v. Ocwen Federal Bank, FSB
6th Cir. · 2008 · confidence medium
Co. v. North Carolina, 397 F.2d 586, 589 (4th Cir.1968)), ICMM’s allegation of judicial error overlooks that the exception focuses on situations involving “the improper procurement of the judgment, i.e., whe[re] [the state-court winner] ‘deceived the Court into a wrong decree,’ ” West v. Evergreen Highlands Ass’n, 213 Fed.Appx. 670, 674 (10th Cir.2007) (quoting Sun Valley, 801 F.2d at 189).
discussed Cited as authority (rule) Krempa v. Westerbeek (In Re Krempa)
Bankr. W.D. Mich. · 2007 · confidence medium
Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 190 (6th Cir. 1986) (holding that the bankruptcy court’s lifting of the automatic stay is a final decision for purposes of appellate review under 28 U.S.C. § 158 ).
discussed Cited as authority (rule) West v. Evergreen Highlands Ass'n
10th Cir. · 2007 · confidence medium
Rather, the principle turns on the improper procurement of the judgment, i.e., whether a party “deceived the Court into a wrong decree.” Sun Valley Foods Co., 801 F.2d at 189 (rejecting collateral attack where deceit not shown) (quotation omitted); see Jordahl v. Democratic Party of Va., 122 F.3d 192 , 203 n. 11 (4th Cir.1997) (rejecting collateral attack under Resolute Insurance in absence of “fraud or deception on the part of the [state court winner] in the procurement of the [judgment] at issue”).
discussed Cited as authority (rule) General Electric Capital Corp. v. Collins & Aikman Corp. (In Re Collins & Aikman Corp.)
E.D. Mich. · 2006 · confidence medium
“A ‘final’ decision generally ends the litigation on its merits and leaves nothing for the court to do but execute the judgment.” Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Elsman v. Standard Federal Bank
6th Cir. · 2002 · confidence medium
Therefore, as this court has noted, “Review of final determinations in state judicial proceedings can be obtained only in the United States Supreme Court.” Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986).
discussed Cited as authority (rule) In Re Glass
Bankr. M.D. Fla. · 1999 · confidence medium
Furthermore, the Sixth Circuit recognizes an exception to Rooker-Feld-man when the state court judgment was “procured through fraud, deception, accident, or mistake.... ” Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986).
discussed Cited as authority (rule) Singleton v. Fifth Third Bank of Western Ohio (In Re Singleton)
6th Cir. BAP · 1999 · confidence medium
The Sixth Circuit recognizes an exception to the Rooker/Feldman doctrine when the state court judgment was “procured through fraud, deception, accident, or mistake_” Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986) (quoting Resolute Ins.
discussed Cited as authority (rule) Catz v. Chalker (2×) also: Cited "see"
6th Cir. · 1998 · confidence medium
There, we noted that although a district court 94 "has no authority to review final judgments of a state court in judicial proceedings," Feldman, 460 U.S. at 482 [, 103 S.Ct. at 1315 ], ... [a] federal court "may entertain a collateral attack on a state court judgment which is alleged to have been procured through fraud, deception, accident, or mistake...." Resolute Insurance Co. v. State of North Carolina, 397 F.2d 586, 589 (4th Cir.1968). 95 Sun Valley, 801 F.2d at 189.
discussed Cited as authority (rule) Catz v. Chalker (2×) also: Cited "see"
6th Cir. · 1998 · confidence medium
Sun Valley, 801 F.2d at 189.
discussed Cited as authority (rule) Futernick v. Sumpter Township
6th Cir. · 1996 · signal: cf. · confidence medium
Cf. Sun Valley Foods v. Ficano, 801 F.2d 186, 189 (6th Cir.1986) (defendant in enforcement action cannot retry case in federal court simply by invoking § 1983; federal courts have no jurisdiction to hear cases proceeding in state court or decided by state courts, and state court defendant's only recourse is possible Supreme Court review).
discussed Cited as authority (rule) Futernick v. Sumpter Township
6th Cir. · 1996 · signal: cf. · confidence medium
Cf. Sun Valley Foods v. Ficano, 801 F.2d 186, 189 (6th Cir.1986) (defendant in enforcement action cannot retry case in federal court simply by invoking § 1983; federal courts have no jurisdiction to hear cases proceeding in state court or decided by state courts, and state court defendant’s only recourse is possible Supreme Court review).
discussed Cited as authority (rule) 255 Park Plaza Associates Limited Partnership, a Michigan Limited Partnership v. Connecticut General Life Insurance Company
6th Cir. · 1995 · confidence medium
Sec. 1291 , the courts of appeals may review "final decisions of the district courts of the United States...." 2 A final decision " 'ends the litigation on its merits and leaves nothing for the court to do but execute the judgment.' " Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986); (quoting Catlin v. United States, 324 U.S. 229, 233 (1945)); see Van Cauwenberghe v. Biard, 486 U.S. 517, 521 (1988).
cited Cited as authority (rule) Raddatz v. Beaubien
E.D. Mich. · 1995 · confidence medium
Sun Valley, 801 F.2d at 189.
cited Cited as authority (rule) Roselyn Ann Keplinger v. Richard K. Wilson William H. Wolff, Jr. Mike Fain State of Ohio
6th Cir. · 1993 · confidence medium
Feldman, 460 U.S. at 485-86 ; Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986).
cited Cited as authority (rule) Mid-South Bank and Trust Co. v. Quandt
6th Cir. · 1992 · confidence medium
In re Sun Valley Foods Co., 801 F.2d at 189.
cited Cited as authority (rule) Bennett v. Batchik
6th Cir. · 1991 · confidence medium
A federal court may review a state judicial proceeding that is "alleged to have been procured through fraud, deception, accident, or mistake." In re Sun Valley, 801 F.2d at 189.
discussed Cited as authority (rule) Eddleman v. United States Department of Labor
10th Cir. · 1991 · confidence medium
Co., Inc., 805 F.2d 262, 264 (7th Cir.1986); Martin Bros., 796 F.2d at 1437 (Eleventh Circuit opinion); In re Sun Valley Foods, 801 F.2d at 190 (Sixth Circuit opinion); American Colonial Broadcast Corp., 758 F.2d 794 , 801 (1st Cir.1985); Sumy v. Schlossberg, 777 F.2d 921, 923 (4th Cir.1984); Leimer, 724 F.2d at 745 (Eighth Circuit opinion); In re Comer, 716 F.2d 168 , 171-72 (3d Cir.1983); In re White, 727 F.2d 884, 885-86 (9th Cir.1984); 16 C.
discussed Cited as authority (rule) C. James Eddleman v. United States Department Of Labor
10th Cir. · 1991 · confidence medium
Co., Inc., 805 F.2d 262, 264 (7th Cir.1986); Martin Bros., 796 F.2d at 1437 (Eleventh Circuit opinion); In re Sun Valley Foods, 801 F.2d at 190 (Sixth Circuit opinion); American Colonial Broadcast Corp., 758 F.2d 794 , 801 (1st Cir.1985); Sumy v. Schlossberg, 777 F.2d 921, 923 (4th Cir.1984); Leimer, 724 F.2d at 745 (Eighth Circuit opinion); In re Comer, 716 F.2d 168 , 171-72 (3d Cir.1983); In re White, 727 F.2d 884, 885-86 (9th Cir.1984); 16 C.
discussed Cited as authority (rule) Automobile Club of Michigan v. Stacey (2×)
E.D. Mich. · 1990 · confidence medium
We hold that it did not.” 801 F.2d at 188-89 (emphasis added).
discussed Cited as authority (rule) Rosin v. RCN Anlagenivestitionen Frodsgesellschaft II—Kommanditgesellschaft (In Re RCN Anlagenivestitionen Frodsgesellschaft II-Kommanditgesellschaft)
W.D. Mich. · 1990 · confidence medium
A final judgment or order generally “ends the litigation on its merits and leaves nothing for the court to do but execute the judgment.” Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986) (quoting Catlin v. United States, 324 U.S. 229, 233 , 65 S.Ct. 631, 633 , 89 L.Ed. 911 (1945)).
cited Cited "see" Farr v. Riordan
E.D. Mich. · 2025 · signal: see · confidence high
See In re Sun Valley Foods Co., 801 F.2d 186 , 188 (6th Cir. 1986) (characterizing Michigan Court of Appeals judges are “Michigan state officials”); see also MICH.
cited Cited "see" Larry E. Parrish, P.C. v. Andy Bennett
6th Cir. · 2021 · signal: see · confidence high
See In re Sun Valley Foods Co. v. Detroit Marine Terminals, Inc., 801 F.2d 186 , 189 (6th Cir. 1986); see also Pieper v. Am.
cited Cited "see" Larry E. Parrish, P.C. v. Bennett
M.D. Tenn. · 2020 · signal: see · confidence high
See In re Sun Valley Foods Co. v. Detroit Marine Terminals, Inc., 801 F.2d 186 , 189 (6th Cir. 1986).
cited Cited "see" Kyles v. Federal Home Loan Mortgage
N.D. Ill. · 2018 · signal: see · confidence high
See In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir. 1986).
discussed Cited "see" Juan Velazquez v. South Florida Federal Credit Union
11th Cir. · 2013 · signal: see · confidence high
See In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986) (“There is, however, an exception to the general rule that precludes a lower federal court from reviewing a state’s judicial proceedings.
discussed Cited "see" In re: Shultz v.
6th Cir. BAP · 2006 · signal: see · confidence high
See Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 190 (6th Cir. 1986). -2- The bankruptcy court’s denial of the IRS’s motion to lift the automatic stay is reviewed on appeal for an abuse of discretion.
cited Cited "see" Kafele v. Lerner Sampson
6th Cir. · 2005 · signal: see · confidence high
See In re Sun Valley Foods, 801 F.2d 186 , 189 (6th Cir. 1986).
cited Cited "see" Smith v. Oakland County Circuit Court
E.D. Mich. · 2004 · signal: see · confidence high
See Sun Valley Foods Co. v. Detroit Marine Terminals, Inc., 801 F.2d 186 , 188-89 (6th Cir.1986).
cited Cited "see" Kitchen v. Boyd (In Re Newpower)
W.D. Mich. · 1999 · signal: see · confidence high
See In re Sun Valley Foods Co., 801 F.2d 186 , 190 (6th Cir.1986).
cited Cited "see" Shumaker v. University Management
6th Cir. · 1995 · signal: see · confidence high
See In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986). 5 Accordingly, we affirm the district court's order.
discussed Cited "see" Washington v. Burlington Coat Factory Warehouse, Inc. (2×)
6th Cir. · 1992 · signal: see · confidence high
See In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986).
cited Cited "see" Cascade Energy & Metals Corp. v. Banks (In re Cascade Energy & Metals Corp.)
10th Cir. · 1992 · signal: see · confidence high
See Sun Vatley Foods v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186 (6th Cir.1986); Martin Bros.
discussed Cited "see, e.g." Klenton T. McLemore, III v. Scott H. McLemore, et al.
M.D. Ala. · 2026 · signal: see also · confidence low
In Velazquez, the Eleventh Circuit addressed the intersection between the Rooker-Feldman doctrine and a purported “fraud-on-the-court exception[.]” 546 F. App’x at 859 ; see also In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir. 1986) (“There is, however, an exception to the general rule that precludes a lower federal court from reviewing a state’s judicial proceedings.
discussed Cited "see, e.g." Schultz v. Lucci
N.D. Ohio · 2024 · signal: see, e.g. · confidence low
See, e.g., In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir. 1986) (recognizing an exception to the general rule that precludes a lower federal court from reviewing a state’s judicial proceedings when a collateral attack on a state court judgment is alleged to have been procured through fraud, deception, accident, or mistake).
discussed Cited "see, e.g." Justice v. Petersen
E.D. Tenn. · 2021 · signal: see also · confidence low
Corp., 544 U.S. 280, 284 (2005); see also In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir. 1986) (internal quotations omitted) (“A United States district court has no authority to review final judgments of a state court in judicial proceedings. . . .
discussed Cited "see, e.g." Justice v. Nelson
E.D. Tenn. · 2021 · signal: see also · confidence low
Corp., 544 U.S. 280, 284 (2005); see also In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir. 1986) (internal quotations omitted) (“A United States district court has no authority to review final judgments of a state court in judicial proceedings. . . .
discussed Cited "see, e.g." Justice v. Nelson
E.D. Tenn. · 2021 · signal: see also · confidence low
Corp., 544 U.S. 280, 284 (2005); see also In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir. 1986) (internal quotations omitted) (“A United States district court has no authority to review final judgments of a state court in judicial proceedings. . . .
discussed Cited "see, e.g." Renfroe v. Nationstar Mortgage, LLC
M.D. Fla. · 2019 · signal: see, e.g. · confidence low
See, e.g., In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986) (“A federal court may entertain a collateral attack on a state court judgment which is alleged to have been procured through fraud, deception, accident, or mistake.”) (quotation marks omitted); Resolute Ins.
discussed Cited "see, e.g." Zachary Simonoff v. Mehdi Saghafi
6th Cir. · 2019 · signal: see also · confidence low
Corp., 544 U.S. 280, 284 , 291–93 (2005) (clarifying the limited scope of the doctrine); see also In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir. 1986) (stating that the doctrine does not bar collateral attacks on state judgments “alleged to have been procured through fraud, deception, accident, or mistake” (cleaned up)).
discussed Cited "see, e.g." William Sumner Scott v. Steven A. Frankel
11th Cir. · 2015 · signal: see, e.g. · confidence low
See, e.g., In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986) ("A federal court may entertain a collateral attack on a state court judgment which is alleged to have been procured through fraud, deception, accident, or mistake.”) (quotation marks omitted); Resolute Ins.
cited Cited "see, e.g." Kruckenberg v. First National Bank of Medicine Lodge (In Re Kruckenberg)
D. Kan. · 1993 · signal: see, e.g. · confidence low
See, e.g„ In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986); In re Martin Bros.
cited Cited "see, e.g." Virginia Bachelier v. Hamilton County, Ohio
6th Cir. · 1991 · signal: see, e.g. · confidence low
See, e.g., In Re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986).
discussed Cited "see, e.g." In Re Winslow
D. Colo. · 1991 · signal: see also · confidence medium
See also Sun Valley Foods Co. v. Detroit Marine Terminals, Inc. (In re Sun Valley Foods Co.), 801 F.2d 186, 189 (6th Cir.1986) (similarly rejecting the debtor’s attempt to collaterally attack a final state court judgment in a bankruptcy proceeding). 3 *645 The Debtors’ third argument is that they received no notice that the March 30 hearing would address the conversion issue.
cited Cited "see, e.g." In the Matter of Dwight L. Lieb, Debtor (Two Cases)
5th Cir. · 1990 · signal: see, e.g. · confidence low
See, e.g., In re Sun Valley Foods Co., 801 F.2d 186 , 190 (6th Cir.1986) (citing cases).
Retrieving the full opinion text from the archive…
Bankr. L. Rep. P 71,464 in Re Sun Valley Foods Company, Debtor. Sun Valley Foods Company
v.
Detroit Marine Terminals, Inc., (85-1354) Sun Valley Foods Company v. Robert Ficano, Wayne County Sheriff, and G. Mennen Williams, James H. Brickley, James L. Ryan, Michael F. Cavanagh, Richard M. Maher, Barbara MacKenzie Martin B. Brieghner, and Richard C. Kaufman, Added (85-1517)
85-1354.
Court of Appeals for the Sixth Circuit.
Sep 11, 1986.
801 F.2d 186

801 F.2d 186

Bankr. L. Rep. P 71,464
In re SUN VALLEY FOODS COMPANY, Debtor.
SUN VALLEY FOODS COMPANY, Plaintiff-Appellant,
v.
DETROIT MARINE TERMINALS, INC., Defendant-Appellee. (85-1354)
SUN VALLEY FOODS COMPANY, Plaintiff-Appellant,
v.
Robert FICANO, Wayne County Sheriff, Defendant-Appellee,
and
G. Mennen Williams, James H. Brickley, James L. Ryan,
Michael F. Cavanagh, Richard M. Maher, Barbara
MacKenzie, Martin B. Brieghner, and
Richard C. Kaufman, Added
Defendants-Appellees.
(85-1517)

Nos. 85-1354, 85-1517.

United States Court of Appeals,
Sixth Circuit.

Argued June 13, 1986.
Decided Sept. 11, 1986.

George E. Ward (argued), Milmet, Vecchio, Ward and Carnago, Detroit, Mich., for Sun Valley Foods Co.

Ronald L. Rose, Dykema, Gossett, Spencer, Goodnow & Trigg, J. Bruce Donaldson (argued), Detroit, Mich., for Detroit Marine Terminals, Inc.

George H. Weller, Asst Atty. Gen. (argued) Lansing, Mich., for Ficano.

Before KRUPANSKY and BOGGS, Circuit Judges; and PORTER, Senior District Judge.[*]

OPINION

BOGGS, Circuit Judge.

[*~186]1

This is a consolidated appeal from two adverse Orders of the United States District Court for the Eastern District of Michigan. Appellant, Sun Valley Foods Company, first appeals from the Order of the district court,[1] dismissing with prejudice Sun Valley's "Verified Complaint for Declaratory and Equitable Relief Against a Void State Court Summary Judgment and Void State Court Writ" against several justices and judges of the Michigan state court system and the sheriff of Wayne County. Sun Valley also appeals from the district court Order[2] denying its motion for leave to appeal from an Order of the bankruptcy court. For the reasons set forth in this opinion, we affirm the district court's Order of dismissal in the first action, and we reverse and remand the second action to the district court.

I.

2

The once amicable relationship between Sun Valley and Detroit Marine Terminals, Inc. ("DMT") has deteriorated into a series of lawsuits, filed in both state and federal courts. The facts that affect Sun Valley's appeals to this court are as follows: In 1976, the Detroit Port Development Corporation leased a warehouse to DMT; DMT in turn subleased the property to Sun Valley in 1978. From July 1981 to April 1982, Sun Valley tendered to DMT monthly checks, designated as rental payments, totalling $295,833. However, in an apparent effort to strengthen its claim, in a related lawsuit, that Sun Valley had become the equitable owner of the warehouse, DMT did not cash the checks. A federal district court subsequently held in that related lawsuit that Sun Valley was not the equitable owner of the property and that DMT, as true owner, was entitled to receive rent from Sun Valley. DMT then returned to Sun Valley the rental checks, which were by now stale and non-negotiable, and asked Sun Valley to issue a new check.

3

In response, Sun Valley's attorney asked DMT for confirmation that DMT had "abandoned its contention that an 'equitable sale' of the warehouse to Sun Valley had already occurred and that the monies tendered by Sun Valley are payments for the property rather than rent." Jt.App. 139 (emphasis in original). DMT replied that it had not abandoned "its contention that an equitable sale of the warehouse to Sun Valley has already occurred." Jt.App. 140. DMT then filed two actions in the Michigan state court, alternatively seeking back rent or possession of the premises. After the lawsuits were filed, Sun Valley sent to DMT rent checks for May and June, 1982, which contained the following restriction:

4

"By cashing this check ... Detroit Marine Terminals abandons its contention that Sun Valley Foods is the equitable owner of the ... Warehouse."

5

Appellee's Brief, p. 9. The state trial court granted DMT's motion for summary judgment for back rent and possession, and Sun Valley appealed. Sun Valley argued on appeal[3] that the trial court erred in granting DMT's summary judgment motion on the issue of whether Sun Valley had, in fact, tendered rent to DMT during the period from July 1981 to April 1982. The court of appeals concluded:

6

We believe that the Trial Court properly granted summary judgment.... There is no genuine issue as to any material fact regarding the validity of the tender. On the back of each of Sun Valley's checks appears the following language:

7

By cashing this check * * * Detroit Marine Terminal abandons its contention that Sun Valley Foods is the equitable owner of the ... Warehouse

8

* * *

9

* * *

10

In the present case, we can find no authority for the proposition that Sun Valley was entitled to attach the above condition to its tender of payment. We hold, therefore, that the tender was invalid.

11

Jt.App. 223-224. The court misspoke. Only the May and June, 1982 checks contained the quoted language, not the checks for July 1981 to April 1982 that DMT either failed or refused to cash. Noting this misstatement, Sun Valley requested a rehearing by the court of appeals, but the court denied the request. Finally, the Michigan Supreme Court denied Sun Valley's application for leave to appeal.[4]

[*~187]12

On October 10, 1984, Sun Valley filed for Chapter 11 bankruptcy in United States bankruptcy court, thereby automatically staying the proceedings in the other court actions. The next day, in an effort to recover the premises, DMT filed a motion to lift the automatic stay, which the bankruptcy court granted in an Order entered on November 9, 1984. Sun Valley then filed a motion for leave to appeal in the district court. However, the district court denied the motion, holding that the bankruptcy court's lifting of the automatic stay was not a final order, and, therefore, that Sun Valley's appeal was interlocutory and not appealable as of right. Sun Valley now appeals to this court from the district court's Order denying its motion for leave to appeal.

13

Prior to the district court's decision in the bankruptcy matter, Sun Valley had filed another lawsuit in federal district court, this time against the sheriff of Wayne County, Robert Ficano. Sun Valley later amended its complaint to include as defendants the following Michigan state officials: Justices Williams, Brickley, Ryan, and Cavanagh of the Michigan Supreme Court; Michigan Court of Appeals Judges Maher, MacKenzie, and Breighner; and Wayne County Circuit Court Judge Kaufman. Sun Valley claimed in this action that the defendants' actions deprived Sun Valley of its constitutional rights, under color of state law, and that the defendants had thereby violated 42 U.S.C. Sec. 1983.[5] When the district court dismissed Sun Valley's claims against all the defendants on December 14, 1984, Sun Valley appealed to this court.[6]

II.

14

We first turn to Sun Valley's constitutional claims against the Michigan state officials, ostensibly brought under 42 U.S.C. Sec. 1983. Sun Valley in essence argues that the factual misstatement by the Michigan Court of Appeals, the failure of the Michigan Supreme Court to grant leave to appeal, and the sheriff's attempt to serve Sun Valley with the writ of restitution constitute a deprivation, under the color of state law, of its constitutional rights to due process and equal protection. However, prior to determining the validity of Sun Valley's Sec. 1983 claim, we must first clear the jurisdictional hurdle present in this case and determine whether the district court had the authority to review Sun Valley's substantive arguments. We hold that it did not.

15

As Judge Cook correctly stated in his opinion below:

16

it is clear that [Sun Valley] seeks to have this Court serve as a reviewing tribunal for a decision of the Michigan Supreme Court. This Court believes that the Federal Court does not have the power to modify or to set aside a State Court Judgment.

17

Jt.App. 247.

18

Review of final determinations in state judicial proceedings can be obtained only in the United States Supreme Court. District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 476, 103 S.Ct. 1303, 1311-12, 75 L.Ed.2d 206 (1983). See 28 U.S.C. Sec. 1257. See also Atlantic Coast Line Railroad Co. v. Locomotive Engineers, 398 U.S. 281, 296, 90 S.Ct. 1739, 1747-48, 26 L.Ed.2d 234 (1970); Rooker v. Fidelity Trust Co., 263 U.S. 413, 416, 44 S.Ct. 149, 150, 68 L.Ed. 362 (1923). A United States district court "has no authority to review final judgments of a state court in judicial proceedings." Feldman, 460 U.S. at 482, 103 S.Ct. at 1315. This is true, even though the state court judgment may have been erroneous. Texaco, Inc. v. Pennzoil Co., 784 F.2d 1133, 1142 (2d Cir.1986). See Baltimore S.S. Co. v. Phillips, Co., 274 U.S. 316, 325, 47 S.Ct. 600, 604, 71 L.Ed.2d 1069 (1927).

[*~188]19

There is, however, an exception to the general rule that precludes a lower federal court from reviewing a state's judicial proceedings. A federal court "may entertain a collateral attack on a state court judgment which is alleged to have been procured through fraud, deception, accident, or mistake...." Resolute Insurance Co. v. State of North Carolina, 397 F.2d 586, 589 (4th Cir.1968). The district court below stated: "there has been no evidence ... [of] facts such as fraud, accident or mistake which ... deceived the Court into a wrong decree...." We are bound to accept the district court's factual findings unless those findings are "clearly erroneous." Fed.R.Civ.P. 52(a). Arthur v. City of Toledo, 782 F.2d 565, 570 (6th Cir.1986). The district court's findings in this case are not clearly erroneous and we therefore affirm its decision to dismiss Sun Valley's Sec. 1983 claims against the Michigan state officials.[7]

III.

20

We next address Sun Valley's appeal from the bankruptcy court. When the bankruptcy court issued its Order lifting the automatic stay, Sun Valley sought appellate relief from that Order in the United States district court. However, the district court held that Sun Valley's appeal was interlocutory in nature and thus dismissed the appeal.

21

The United States Code provides: "The district courts of the United States shall have jurisdiction to hear appeals from final judgments, orders, and decrees, and, with leave of the court, from interlocutory orders and decrees, of bankruptcy judges entered in cases and proceedings [under Chapter 11]." 28 U.S.C. Sec. 158. Thus, if the bankruptcy court's lifting of the automatic stay was a "final" decision, Sun Valley's appeal to the district court was an appeal as of right, and the district court was equired to hear the appeal.

22

A "final" decision generally "ends the litigation on its merits and leaves nothing for the court to do but execute the judgment." Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945). However, although courts "do not treat the finality requirement lightly, they recognize some special exceptions to the requirements, generally so as to avoid causing serious harm by delaying the appeal." In re Boomgarden, 780 F.2d 657, 659 (7th Cir.1985). See also, e.g., Gillespie v. United States Steel Corp., 379 U.S. 148, 152-53, 85 S.Ct. 308, 310-11, 13 L.Ed.2d 199 (1964); Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 545, 69 S.Ct. 1221, 1225, 93 L.Ed. 1528 (1949); Forgay v. Conrad, 47 U.S. (6 How.) 201, 12 L.Ed. 404 (1848).

23

Several other Circuits have held that a bankruptcy court's lifting of an automatic stay is a final order for appeal purposes. See, e.g., In re Boomgarden, 780 F.2d 657, 659-60 (7th Cir.1985); In re Kemble, 776 F.2d 802, 805 (9th Cir.1985); Grundy National Bank v. Tandem Mining Corporation, 754 F.2d 1436, 1439 (4th Cir.1985); In re Leimer, 724 F.2d 744, 745 (8th Cir.1984); In re Comer, 716 F.2d 168, 171-74 (3d Cir.1983); In re Regency Woods Apartments, Ltd., 686 F.2d 899, 902 (11th Cir.1982); In re Taddeo, 685 F.2d 24, 26 n. 4 (2d Cir.1982). As the Ninth Circuit recently stated:

24

Congress intended the courts to conclusively and expeditiously adjudicate, apart from the bankruptcy proceedings as a whole, complaints for relief from the automatic stay. Immediate appeal from decisions of the bankruptcy [court] is plainly necessary to fulfill such congressional intent. We hold, therefore, that decisions of the bankruptcy courts granting or denying relief from the automatic stay ... are final decisions reviewable by this court.

25

In re Kemble, 776 F.2d 802, 805 (9th Cir.1985) (quoting In re American Mariner Industries, 734 F.2d 426, 429 (9th Cir.1984)).

26

We similarly hold here that the bankruptcy court's lifting of the automatic stay was a final decision for the purposes of appellate review by the district court. 28 U.S.C. Sec. 158. Thus, Sun Valley's appeal to the district court was not subject to the discretion of the district court; rather, it was an appeal as of right, properly before the district court. We therefore remand this case to the district court, with instructions to consider Sun Valley's appeal from the bankruptcy court's decision to lift the automatic stay.

IV.

[*~189]27

The decision of the district court in Case No. 85-1517 is hereby AFFIRMED. The decision of the district court in Case No. 85-1354 is REVERSED and REMANDED.

*

The Honorable David S. Porter, Senior District Judge for the Southern District of Ohio, sitting by designation

1

The Honorable Julian Abele Cook, Eastern District of Michigan (District Court Case no. 84-4812)

2

The Honorable Robert DeMascio, Eastern District of Michigan (District Court Case no. 84-5320)

3

Sun Valley raised five issues on appeal. The Michigan court of appeals held in favor of DMT on all of those issues. However, only the issue of whether rent checks were tendered, discussed infra, is relevant here

4

With one of seven Justices dissenting, the Michigan Supreme Court denied Sun Valley's initial application for leave to appeal on October 8, 1984. Subsequently, on October 30, the Court denied Sun Valley's request for reconsideration by a vote of 4 to 3

5

Specifically, Sun Valley claims that the defendants violated its constitutional rights in the following ways: by "attempting to serve a void Writ of Restitution" (defendant sheriff); by "deny[ing] leave to appeal from the void Summary Judgment" (defendants Supreme Court Justices; by "affirm[ing] the void Summary Judgment" (defendants court of appeals Judges); and by "entering the void Summary Judgment" (defendant circuit court judge)

6

Sun Valley's two appeals were consolidated, pursuant to 6th Cir.R. 4(c)

7

Sun Valley's correct appeal, of course, would have been to the United States Supreme Court. 28 U.S.C. Sec. 1257(3)