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  • Taccino v. Litton Loan Servicing, LP, 4th Cir. (2011)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from William and Marlene Taccino. The district court had granted motions to dismiss filed by some defendants, but claims remained pending against other defendants. The appeals court found it did not have jurisdiction over the appeal because the district court's order was neither a final order disposing of all claims against all parties, nor an appealable interlocutory or collateral order, as required for the appeals court to hear the case. Therefore, the appeals court dismissed the appeal.

    Original Description:

    Filed: 2011-06-06 Precedential Status: Non-Precedential Docket: 10-2346

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from William and Marlene Taccino. The district court had granted motions to dismiss filed by some defendants, but claims remained pending against other defendants. The appeals court found it did not have jurisdiction over the appeal because the district court's order was neither a final order disposing of all claims against all parties, nor an appealable interlocutory or collateral order, as required for the appeals court to hear the case. Therefore, the appeals court dismissed the appeal.

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    Public Domain
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    6 views2 pages

    Taccino v. Litton Loan Servicing, LP, 4th Cir. (2011)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from William and Marlene Taccino. The district court had granted motions to dismiss filed by some defendants, but claims remained pending against other defendants. The appeals court found it did not have jurisdiction over the appeal because the district court's order was neither a final order disposing of all claims against all parties, nor an appealable interlocutory or collateral order, as required for the appeals court to hear the case. Therefore, the appeals court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-2346

    WILLIAM A. TACCINO; MARLENE M. TACCINO,


    Plaintiffs Appellants,
    v.
    LITTON
    LOAN
    SERVICING,
    LP;
    LASALLE
    BANK
    NATIONAL
    ASSOCIATION; LARRY D. RICHMAN, CEO; KENNETH J. MACFADYEN,
    a/k/a Kenneth J. MacFayden; MIRIAM S. FUCHS, a/k/a Marion
    Fuchs,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    Richard D. Bennett, District Judge.
    (1:09-cv-02994-RDB)

    Submitted:

    May 24, 2011

    Before KING and


    Circuit Judge.

    SHEDD,

    Decided:

    Circuit

    Judges,

    and

    June 6, 2011

    HAMILTON,

    Senior

    Dismissed by unpublished per curiam opinion.

    William A. Taccino, Marlene M. Taccino, Appellants Pro Se.


    Daniel J. Tobin, BALLARD SPAHR, LLP, Bethesda, Maryland; Michael
    Thomas Cantrell, FRIEDMAN & MACFADYEN, PC, Baltimore, Maryland,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    William

    A.

    Taccino

    and

    Marlene

    M.

    Taccino

    seek

    to

    appeal the district courts order granting motions to dismiss


    filed by Defendants LaSalle Bank National Association, Larry D.
    Richman

    and

    Kenneth

    J.

    MacFadyen.

    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.,

    Taccinos

    337

    seek

    U.S.

    to

    541,

    appeal

    545-46

    is

    (1949).

    neither

    The

    final

    order

    order

    nor

    the
    an

    appealable interlocutory or collateral order, as it disposes of


    fewer

    than

    all

    Accordingly,

    of

    the

    because

    parties

    this

    matter

    involved

    in

    remains

    this

    lawsuit.

    pending

    against

    Defendants Litton Loan Servicing, LP, and Miriam S. Fuchs, we


    dismiss the appeal for lack of jurisdiction.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    We dispense with
    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.

    DISMISSED

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