Ivory Dorsey v. Citizens & Southern Financial Corporation

Eleventh Circuit

Ivory Dorsey v. Citizens & Southern Financial Corporation

706 F.2d 1203, 1983 U.S. App. LEXIS 26876

CourtCourt of Appeals for the Eleventh Circuit

DecidedJune 10, 1983

Docket81-7681

StatusPublished

Cited by3 cases

This text of 706 F.2d 1203 (Ivory Dorsey v. Citizens & Southern Financial Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ivory Dorsey v. Citizens & Southern Financial Corporation, 706 F.2d 1203, 1983 U.S. App. LEXIS 26876 (11th Cir. 1983).

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Opinion

PER CURIAM:

This is an appeal from a summary judgment for defendant, Citizens & Southern Financial Corporation (Citizens), in a case presenting claims under the Equal Credit Opportunity Act, 15 U.S.C. § 1691(d) and the Truth in Lending Act, 15 U.S.C. § 1639 (repealed 1980, effective Oct. 1, 1982). On June 7, 1982 the original panel opinion, Dorsey v. Citizens & Southern Financial Corp., 678 F.2d 137 (11th Cir.1982), affirmed the lower court’s holding with respect to the Equal Credit Opportunity Act claim. The panel concluded that the Truth in Lending issue was controlled by the panel decision in Sage v. Freedom Mortgage Company, 675 F.2d 1208, 1211 (11th Cir. 1982). On that claim it reversed summary judgment in favor of Citizens and remanded for entry of summary judgment in favor of Dorsey.

Citizens’ petition for rehearing contained information which made Judge Hill aware for the first time that he is disqualified in this case. Accordingly, Judges Vance and Hatchett acting as a quorum of the court entered an order on September 13, 1982 vacating and withdrawing the panel opinion, 678 F.2d at 140. Because of the intervening vacation of the panel opinion in Sage and its pending consideration by the en banc court, this case has been held under advisement since that time.

Sitting en banc the court has now reversed its prior holding in Sage, 704 F.2d 1519 (11th Cir.1983), slip op. 3051, and its opinion dictates that the summary judgment in this case in favor of Citizens be affirmed. 1

After independent reconsideration of the question, we now reinstate that portion of our original panel opinion affirming the district court’s judgment on the Equal Credit Opportunity Act claim. Following the en banc opinion in Sage we now also affirm the district court’s judgment on the Truth in Lending claim. The judgment of the district court is, therefore, in all respects

AFFIRMED.

1

. Judge Hatchett joined Judge Clark’s dissent in Sage and adheres to the views therein expressed. However, the majority decision in Sage is binding on this panel.

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PER CURIAM:

This is an appeal from a summary judgment for defendant, Citizens & Southern Financial Corporation (Citizens), in a case presenting claims under the Equal Credit Opportunity Act, 15 U.S.C. § 1691(d) and the Truth in Lending Act, 15 U.S.C. § 1639 (repealed 1980, effective Oct. 1, 1982). On June 7, 1982 the original panel opinion, Dorsey v. Citizens & Southern Financial Corp., 678 F.2d 137 (11th Cir.1982), affirmed the lower court’s holding with respect to the Equal Credit Opportunity Act claim. The panel concluded that the Truth in Lending issue was controlled by the panel decision in Sage v. Freedom Mortgage Company, 675 F.2d 1208, 1211 (11th Cir. 1982). On that claim it reversed summary judgment in favor of Citizens and remanded for entry of summary judgment in favor of Dorsey.

Citizens’ petition for rehearing contained information which made Judge Hill aware for the first time that he is disqualified in this case. Accordingly, Judges Vance and Hatchett acting as a quorum of the court entered an order on September 13, 1982 vacating and withdrawing the panel opinion, 678 F.2d at 140. Because of the intervening vacation of the panel opinion in Sage and its pending consideration by the en banc court, this case has been held under advisement since that time.

Sitting en banc the court has now reversed its prior holding in Sage, 704 F.2d 1519 (11th Cir.1983), slip op. 3051, and its opinion dictates that the summary judgment in this case in favor of Citizens be affirmed. 1

After independent reconsideration of the question, we now reinstate that portion of our original panel opinion affirming the district court’s judgment on the Equal Credit Opportunity Act claim. Following the en banc opinion in Sage we now also affirm the district court’s judgment on the Truth in Lending claim. The judgment of the district court is, therefore, in all respects

AFFIRMED.

1

. Judge Hatchett joined Judge Clark’s dissent in Sage and adheres to the views therein expressed. However, the majority decision in Sage is binding on this panel.

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706 F.2d 1203, 1983 U.S. App. LEXIS 26876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivory-dorsey-v-citizens-southern-financial-corporation-ca11-1983.

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