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Cathy Lanier v. Branch Banking & Trust Company, 4th Cir. (2012)

The United States Court of Appeals for the Fourth Circuit dismissed part of Cathy and Randy Lanier's appeal and affirmed part of the district court's ruling. Specifically, the appeals court dismissed the appeal regarding the denial of a temporary restraining order. The court affirmed the district court's denial of a preliminary injunction, finding no abuse of discretion.

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88 views2 pages

Cathy Lanier v. Branch Banking & Trust Company, 4th Cir. (2012)

The United States Court of Appeals for the Fourth Circuit dismissed part of Cathy and Randy Lanier's appeal and affirmed part of the district court's ruling. Specifically, the appeals court dismissed the appeal regarding the denial of a temporary restraining order. The court affirmed the district court's denial of a preliminary injunction, finding no abuse of discretion.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 12-1441

CATHY G. LANIER; RANDY D. LANIER,


Plaintiffs - Appellants,
v.
BRANCH BANKING & TRUST COMPANY; BAYVIEW LOAN SERVICING, LLC;
FLEMING & WHITT PA; MCDONNELL & ASSOCIATES PA; DOES 1-10,
inclusive,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Margaret B. Seymour, Chief
District Judge. (3:12-cv-00628-MBS-SVH)

Submitted:

July 10, 2012

Decided:

July 24, 2012

Before MOTZ, KING, and SHEDD, Circuit Judges.

Dismissed in part; affirmed in part by unpublished per curiam


opinion.

Cathy G. Lanier, Randy D. Lanier, Appellants Pro Se.


Steven
Barry Licata, Columbia, South Carolina; David Randolph Whitt,
FLEMING & WHITT, P.A., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Cathy
district

G.

courts

restraining

Lanier

order

order

that

and

Randy

D.

the

motion

denying
they

filed

in

Lanier
for

appeal
a

connection

the

temporary
with

their

action against the Appellees.


To

the

extent

that

the

Laniers

seek

to

appeal

the

district courts denial of a temporary restraining order, the


denial is not appealable on the circumstances of this case.
Virginia
1976).

v.

Tenneco,

Inc.,

538

F.2d

1026,

1029-30

(4th

See
Cir.

To the extent that the Laniers also sought a preliminary

injunction, we have reviewed the record and conclude that the


district courts denial of any such request was not an abuse of
its discretion.

Winter v. Natural Res. Def. Council, Inc., 555

U.S. 7, 22 (2008); Dewhurst v. Century Aluminum Co., 649 F.3d


287, 290 (4th Cir. 2011).
Accordingly, we dismiss the appeal as to the request
for

temporary

district

courts

restraining
judgment.

order,
We

and

dispense

otherwise
with

affirm

oral

the

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 IN PART;
AFFIRMED IN PART

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