Topic
Every decision we've filed under Real Property.
The Fourth Circuit affirmed the district court's dismissal of a civil complaint but modified the order to reflect a dismissal without prejudice. The court held that a lack of subject matter jurisdiction requires dismissal without prejudice rather than with prejudice.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a civil action regarding a Louisiana succession dispute. The court held that the district court correctly found it lacked subject-matter jurisdiction because the case presented neither a federal question nor diverse parties.
The United States Court of Appeals for the Ninth Circuit affirmed the district court's denial of a preliminary injunction in a case involving child custody proceedings. The appellate panel held that the appellant failed to establish the necessary requirements for such relief.
The Eighth Circuit affirmed a district court judgment in a real estate dispute involving breach of contract claims. The appellate court found no abuse of discretion in the denial of a continuance and declined to address arguments not raised in the lower court.
The United States Court of Appeals for the Fourth Circuit affirmed a district court ruling that dismissed a civil action and imposed a prefiling injunction against pro se appellants. The appellate court found no reversible error in the lower court's application of res judicata or its discretion in issuing the injunction.
The Tenth Circuit affirmed the remand of civil and criminal cases to state court because the appellant failed to prove he acted under color of federal office. The court held that without satisfying the statutory requirements for federal officer removal, the federal district court lacked jurisdiction to retain the matters.
The Eleventh Circuit affirmed a district court order denying attorneys' fees to borrowers in a foreclosure dispute. The court held that dismissing a case for failure to serve process within the required timeframe does not make the defendants prevailing parties under Florida law.
The Eleventh Circuit affirmed the denial of attorneys' fees to homeowners whose foreclosure case was dismissed due to the lender's failure to serve process within the required timeframe. The court held that a procedural dismissal without prejudice does not constitute a victory on the merits required to trigger fee-shifting statutes under Florida law.
The United States Court of Appeals for the Fourth Circuit affirmed the district court's order dismissing Latosha Ward's civil claims. The panel found no reversible error in the lower court's decision to grant the defendants' motions to dismiss.
The Fourth Circuit affirmed the district court's dismissal of Latosha Ward's civil claims against her family members and mortgage entities. The court found no reversible error in the lower court's ruling and denied Ward's ancillary motions as moot.