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    Select Financial LLC v. Penland, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Charles W. Penland of a district court's order denying his motion to dismiss. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. It therefore dismissed the appeal for lack of jurisdiction and also denied Penland's additional motions.

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    Select Financial LLC v. Penland, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Charles W. Penland of a district court's order denying his motion to dismiss. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. It therefore dismissed the appeal for lack of jurisdiction and also denied Penland's additional motions.

    Original Description:

    Filed: 2008-01-22 Precedential Status: Non-Precedential Docket: 07-1681

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Charles W. Penland of a district court's order denying his motion to dismiss. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. It therefore dismissed the appeal for lack of jurisdiction and also denied Penland's additional motions.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    2 views3 pages

    Select Financial LLC v. Penland, 4th Cir. (2008)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Charles W. Penland of a district court's order denying his motion to dismiss. The appeals court found that it did not have jurisdiction over the appeal because the district court's order was not a final order and did not fall under the limited categories of appealable interlocutory or collateral orders. It therefore dismissed the appeal for lack of jurisdiction and also denied Penland's additional motions.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-1681

    SELECT FINANCIAL LLC,


    Plaintiff - Appellee,
    versus
    CHARLES W. PENLAND, Guardian ad Litem Jean
    Bradley,
    Defendant - Appellant,

    and
    JEAN BRADLEY,
    INCORPORATED,

    Guardian

    ad

    Litem;

    PENCO,
    Defendants,

    and
    PENLAND FINANCIAL SERVICES, INC.,
    Defendant & Third Party Plaintiff,
    versus
    UNITED STATES OF AMERICA,
    Third Party Defendant.

    Appeal from the United States District Court for the District of
    South Carolina, at Spartanburg. G. Ross Anderson, Jr., District
    Judge. (7:05-cv-02647-GRA)

    Submitted:

    January 17, 2008

    Decided:

    January 22, 2008

    Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Charles W. Penland, Sr., Appellant Pro Se. Kenneth C. Anthony,


    Jr., KNIE, WHITE & ANTHONY, Spartanburg, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    - 2 -

    PER CURIAM:
    Charles W. Penland appeals the district courts order
    denying

    his

    motion

    to

    dismiss.

    This

    court

    may

    exercise

    jurisdiction only over final orders, 28 U.S.C. 1291 (2000), and


    certain interlocutory and collateral orders, 28 U.S.C. 1292
    (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan
    Corp., 337 U.S. 541 (1949).

    The order Penland seeks to appeal is

    neither a final order nor an appealable interlocutory or collateral


    order.

    Accordingly,

    we

    dismiss

    the

    appeal

    for

    lack

    of

    jurisdiction. We also deny Penlands motion for an order directing


    District Court Judge Anderson to recuse himself from further
    proceedings in this matter and his motion for general relief.

    We

    dispense with oral argument because the facts and legal contentions
    are adequately presented in the materials before the court and
    argument would not aid the decisional process.

    DISMISSED

    - 3 -

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