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  • Janice Powell v. First Mount Vernon Industrial Loan, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Janice and George Powell for lack of jurisdiction. The Powells sought to appeal a district court order that granted motions to dismiss from some defendants, denied a motion to dismiss without prejudice from other defendants, and granted a motion to set aside default. However, the Fourth Circuit found that the district court's order was not a final decision or an appealable interlocutory or collateral order. As a result, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2013-04-01 Precedential Status: Non-Precedential Docket: 12-2582

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Janice and George Powell for lack of jurisdiction. The Powells sought to appeal a district court order that granted motions to dismiss from some defendants, denied a motion to dismiss without prejudice from other defendants, and granted a motion to set aside default. However, the Fourth Circuit found that the district court's order was not a final decision or an appealable interlocutory or collateral order. As a result, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    0 views3 pages

    Janice Powell v. First Mount Vernon Industrial Loan, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Janice and George Powell for lack of jurisdiction. The Powells sought to appeal a district court order that granted motions to dismiss from some defendants, denied a motion to dismiss without prejudice from other defendants, and granted a motion to set aside default. However, the Fourth Circuit found that the district court's order was not a final decision or an appealable interlocutory or collateral order. As a result, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-2582

    JANICE H. POWELL; GEORGE T. POWELL, JR.,


    Plaintiffs - Appellants,
    v.
    FIRST MOUNT VERNON INDUSTRIAL LOAN ASSOCIATION; ARTHUR G.
    BENNETT; DALE E. DUNCAN; JOHN F. GONZALES; HILTON T.
    HUTCHENS, JR.; STAFFORD R. PEEBLES, JR.; J. EDWARD SIMS,
    SR.; ALAINE FIELDS; MICHELLE PARKER-FIELDS; MERCEDES L.
    MILLER; EDWARD L. MILLER,
    Defendants - Appellees.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro. Catherine C. Eagles,
    District Judge. (1:11-cv-00695-CCE-JEP)

    Submitted:

    March 28, 2013

    Decided:

    April 1, 2013

    Before NIEMEYER, KING, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Janice H. Powell; George T. Powell, Jr., Appellants Pro Se. H.


    Terry Hutchens, HUTCHENS, SENTER & BRITTON, Fayetteville, North
    Carolina; Gabrielle Amber Pittman, Frederick Kingsley Sharpless,
    SHARPLESS & STAVOLA, PA, Greensboro, North Carolina; Michael
    Andrew Grace, Sr., GRACE, TISDALE & CLIFTON, PA, Winston-Salem,
    North Carolina, for Appellees.
    Mercedes L. Miller; Edward
    Miller, Appellees Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Janice H. Powell and George T. Powell, Jr. seek to
    appeal

    the

    district

    courts

    order

    accepting

    the

    magistrate

    judges recommendation and granting the motions to dismiss filed


    by Defendants Sims and Peebles, denying without prejudice the
    motion

    to

    granting

    dismiss

    the

    Defendants

    filed

    amended

    First

    Bennett,

    Duncan,

    Peebles,

    Edward

    by

    Defendant

    motion

    Mount

    to

    set

    Vernon

    Gonzales,
    Miller,

    aside

    Loan

    Hutchens.

    Mercedes

    dismiss the appeal on various grounds.

    Miller,

    default

    Industrial

    and

    and

    Mercedes

    filed

    by

    Association,

    Appellees

    Miller

    and

    have

    Sims,

    moved

    to

    This court may exercise

    jurisdiction only over final orders, 28 U.S.C. 1291 (2006),


    and

    certain

    interlocutory

    and

    collateral

    orders,

    28

    U.S.C.

    1292 (2006); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.


    Loan Corp., 337 U.S. 541, 545-46 (1949).
    seek

    to

    appeal

    is

    neither

    final

    interlocutory or collateral order.


    appeal for lack of jurisdiction.
    dismiss as moot.
    facts

    and

    materials

    legal
    before

    The order the Powells

    order

    nor

    an

    appealable

    Accordingly, we dismiss the

    We deny the pending motions to

    We dispense with oral argument because the


    contentions

    are

    adequately

    this

    and

    argument

    court

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    DISMISSED
    3

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