Gwen Caranchini v. Nationstar Mortgage, LLC

• Court: Court of Appeals for the Eighth Circuit
• Decided: November 25, 2019
• Docket: 19-1676
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 19-1676 ___________________________

Gwen G. Caranchini, also known as Gwendolyn Gill Caranchini

lllllllllllllllllllllPlaintiff - Appellant

v.

Nationstar Mortgage, LLC

lllllllllllllllllllllDefendant - Appellee

Martin Leigh, P.C.

lllllllllllllllllllllDefendant ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: November 7, 2019 Filed: November 25, 2019 [Unpublished] ____________

Before COLLOTON, SHEPHERD, and ERICKSON, Circuit Judges. ____________

PER CURIAM. In this diversity action, Gwen Caranchini appeals after the district court’s1 adverse grant of summary judgment and denial of her subsequent motion requesting recusal. Caranchini’s notice of appeal (NOA) designated her intent to appeal the district court’s order granting summary judgment. In her briefs, Caranchini challenges only the denial of her request for recusal. Defendant Nationstar Mortgage, LLC, asserts that Caranchini’s challenge is outside the scope of this appeal, because the NOA identified only the order granting summary judgment. We agree. See USCOC of Greater Mo. v. City of Ferguson, Mo., 583 F.3d 1035, 1040 (8th Cir. 2009) (no jurisdiction to decide issues on appeal that were not designated, and therefore not preserved, in NOA). See also Evance v. Truman Health Services, LLC, 719 F.3d 673, 677 (8th Cir. 2013) (appellate review is limited to issues identified in NOA). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri.

-2-