ORDER

WILLIAM P. LYNCH, Magistrate Judge.

This matter is before me on Appellant/Debtor/Defendant Phoenix Environmental, LLC's ("Phoenix") Notice of Appeal and Motion For Leave to Appeal and its request for attorneys fees and costs for filing the motion. (Doc. 1 at 3-5, 8-9, 19-28.) Appellee/Plaintiff Phoenix Energy Services ("Energy") filed objections to the motion. (Id. at 14-16.) Phoenix wishes to appeal an order of abstention from the United States Bankruptcy Court for the District of New Mexico, which remands the underlying adversarial proceedings to state court. (Id. at 6, 8.) The Honorable Martha Vazquez has entered an order of reference in this matter, requesting that I make findings of fact, conduct legal analysis, and recommend an ultimate disposition. (Doc.2.) Since I find that Phoenix has an absolute right to appeal and its motion is moot, I do not need to file a Proposed Findings and Recommended Disposition in this matter.

Under 28 U.S.C. § 158(a) and Federal Rule of Bankruptcy Procedure 8001(a), a party to a bankruptcy proceeding has the right to appeal a final judgment directly to the district court of the United States. It is well settled that an order granting a motion for abstention and remanding a case to state court is a final order. See Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 713 (1996) (citations omitted) ("[T]he abstention-based stay order [is] appealable as a `final decision' under § 1291 because it put the litigants `effectively out of court.'"); In re Midgard Corp., 204 B.R. 764, 769 (B.A.P. 10th Cir. 1997) (holding abstention orders "are final orders under the collateral order doctrine [because] [t]hey conclusively determine the disputed questions of . . . jurisdiction, resolve an important issue completely separate from the merits of the action, and would be effectively unreviewable on appeal from a final judgment on the merits.")

Phoenix is appealing an order granting a motion to abstain. This is a final order under the collateral order doctrine. Energy's objection that an abstention order is not a final order is contrary to the law and entirely without merit. (Doc. 1 at 14-15.) However, I decline to award Phoenix attorney's fees and costs for filing a motion for leave to appeal in light of Energy's objections. I order the Notice of Appeal to proceed, and I deny as moot Phoenix's Motion for Leave to Appeal.

IT IS SO ORDERED.