Donato v. McCarthy

First Circuit

Donato v. McCarthy

28 F. App'x 8

CourtCourt of Appeals for the First Circuit

DecidedMarch 5, 2002

Docket01-2212

StatusPublished

Cited by1 cases

This text of 28 F. App'x 8 (Donato v. McCarthy) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donato v. McCarthy, 28 F. App'x 8 (1st Cir. 2002).

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Opinion

PER Curiam.

Plaintiff Sandra C. Donato appeals a judgment of the district court granting summary judgment in favor of defendantappellee Sheilah F. McCarthy. We have reviewed the parties’ briefs and the record below. Upon our review, we conclude that summary judgment was correctly granted. We affirm the district court judgment, essentially for the reasons stated in the district court’s order dated July 17, 2001.

Appellee McCarthy did not submit a separately filed motion pursuant to Fed.R.App. P. 38. Her request, recited in the final paragraph in her brief, that we direct Donato to pay attorney’s fees and costs for filing a frivolous appeal is denied. “A party may not invoke Rule 38 by a reference in his brief.” In re I Don’t Trust, 143 F.3d 1, 4 (1st Cir.1998).

Affirmed.

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PER Curiam.

Plaintiff Sandra C. Donato appeals a judgment of the district court granting summary judgment in favor of defendantappellee Sheilah F. McCarthy. We have reviewed the parties’ briefs and the record below. Upon our review, we conclude that summary judgment was correctly granted. We affirm the district court judgment, essentially for the reasons stated in the district court’s order dated July 17, 2001.

Appellee McCarthy did not submit a separately filed motion pursuant to Fed.R.App. P. 38. Her request, recited in the final paragraph in her brief, that we direct Donato to pay attorney’s fees and costs for filing a frivolous appeal is denied. “A party may not invoke Rule 38 by a reference in his brief.” In re I Don’t Trust, 143 F.3d 1, 4 (1st Cir.1998).

Affirmed.

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28 F. App'x 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donato-v-mccarthy-ca1-2002.

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