tunit123 -- I believe in simple (from a simple man) terms:
When the request for an examiner was originally made, it was based on criteria, like a 5 million dollar threshold and basically that it would be beneficial. The law says an examiner MAY be appointed. When it was originally denied, the big question became should MAY mean MAY or should MAY mean SHALL. Since debtors didn't hand over documents, THJMW decided to revisit the original request and elected to appoint one. Since there is no longer a question of what MAY means, there is no appeal.