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    Peter Vinal v. SunTrust Mortgage Incorporate, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Peter S. Vinal of a district court order granting SunTrust Mortgage Inc.'s motion to dismiss. The court lacks jurisdiction over the appeal as it is not a final order and some claims against another defendant remain pending in district court, making it an unappealable interlocutory order. The court dismisses the appeal and dispenses with oral argument.

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    Peter Vinal v. SunTrust Mortgage Incorporate, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Peter S. Vinal of a district court order granting SunTrust Mortgage Inc.'s motion to dismiss. The court lacks jurisdiction over the appeal as it is not a final order and some claims against another defendant remain pending in district court, making it an unappealable interlocutory order. The court dismisses the appeal and dispenses with oral argument.

    Original Description:

    Filed: 2014-09-29 Precedential Status: Non-Precedential Docket: 14-1233

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Peter S. Vinal of a district court order granting SunTrust Mortgage Inc.'s motion to dismiss. The court lacks jurisdiction over the appeal as it is not a final order and some claims against another defendant remain pending in district court, making it an unappealable interlocutory order. The court dismisses the appeal and dispenses with oral argument.

    Copyright:

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

    Peter Vinal v. SunTrust Mortgage Incorporate, 4th Cir. (2014)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Peter S. Vinal of a district court order granting SunTrust Mortgage Inc.'s motion to dismiss. The court lacks jurisdiction over the appeal as it is not a final order and some claims against another defendant remain pending in district court, making it an unappealable interlocutory order. The court dismisses the appeal and dispenses with oral argument.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-1233

    PETER S. VINAL,
    Plaintiff - Appellant,
    v.
    SUNTRUST MORTGAGE INCORPORATED,
    Defendant - Appellee,
    and
    FEDERAL NATIONAL MORTGAGE ASSOCIATION; JOSEPH C. IRVING;
    KATHY B. BAGBY; SAFEGUARD PROPERTIES LLC; JOHN DOES, to be
    named later,
    Defendants.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Wilmington. James C. Dever, III,
    Chief District Judge. (7:13-cv-00159-D)

    Submitted:

    September 25, 2014

    Before AGEE and


    Circuit Judge.

    THACKER,

    Circuit

    Decided:

    Judges,

    September 29, 2014

    and

    DAVIS,

    Senior

    Dismissed by unpublished per curiam opinion.

    James W. Lea, III, THE LEA/SCHULTZ LAW FIRM, P.C., Wilmington,


    North Carolina, for Appellant.
    Camden R. Webb, Elizabeth C.

    Stone, WILLIAMS MULLEN, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Peter S. Vinal seeks to appeal the district courts
    order

    granting

    Defendant

    SunTrust

    Mortgage

    Inc.s

    motion

    to

    dismiss Vinals complaint for failure to state a claim under


    Fed.

    R.

    Civ.

    defendant.

    P.

    12(b)(6),

    and

    dismissing

    SunTrust

    as

    This court may exercise jurisdiction only over final

    orders, 28 U.S.C. 1291 (2012), and certain interlocutory and


    collateral orders, 28 U.S.C. 1292 (2012); Fed. R. Civ. P.
    54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 545
    46 (1949).

    The order Vinal seeks to appeal is neither a final

    order nor an appealable interlocutory or collateral order, as


    the claims against Defendant Safeguard Properties, LLC, remain
    pending

    in

    the

    district

    appeal as interlocutory.

    court.

    Accordingly,

    we

    dismiss

    the

    See Dickens v. Aetna Life Ins. Co.,

    677 F.3d 228, 22930 (4th Cir. 2012) (holding that this court is
    required to inquire into its jurisdiction sua sponte).
    We dispense with oral argument because the facts and
    legal
    before

    contentions
    this

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.

    DISMISSED

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