James Hegedus v. US Bank National Association

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 19, 2025
• Docket: 24-1331
• Status: Unpublished

Opinion

USCA4 Appeal: 24-1331 Doc: 8 Filed: 05/19/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1331

JAMES ANDREW HEGEDUS; VIRGINIA ELLEN HEGEDUS,

Plaintiffs - Appellants,

v.

US BANK NATIONAL ASSOCIATION, not in its individual capacity, but solely as Trustee for NRZ Pass Thru Trust IX,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Michael F. Urbanski, Senior District Judge. (5:23-cv-00017-MFU)

Submitted: May 15, 2025 Decided: May 19, 2025

Before NIEMEYER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Andrew Hegedus and Virginia Ellen Hegedus, Appellants Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1331 Doc: 8 Filed: 05/19/2025 Pg: 2 of 2

PER CURIAM:

James Andrew Hegedus and Virginia Ellen Hegedus appeal the district court’s order

denying as moot U.S. Bank National Association’s (“U.S. Bank”) motion asking the court

to impose a prefiling injunction. Because the district court’s decision was in favor of the

Hegeduses, we dismiss this portion of their appeal. See HCA Health Servs. of Va. v. Metro.

Life Ins. Co., 957 F.2d 120, 123 (4th Cir. 1992) (“Generally, a prevailing party is not

aggrieved by the judgment” and therefore lacks standing to appeal).

To the extent that the Hegeduses seek to appeal from the bankruptcy court’s order

dismissing the adversary proceeding they filed in the bankruptcy court against U.S. Bank,

we do not have jurisdiction to review this order. Rather, unless a bankruptcy court order

is certified for direct appeal to the circuit court of appeals pursuant to 28 U.S.C.

§ 158(d)(2), appeals from bankruptcy court orders are to the district court, ∗ see 28 U.S.C.

§ 158(a) (providing that district courts have jurisdiction to hear appeals from bankruptcy

court orders). Because the Hegeduses did not appeal from the bankruptcy court’s order

dismissing their complaint and did not seek certification of the appeal to this court, we lack

jurisdiction to address their challenges to the propriety of that order.

Accordingly, we dismiss the appeal. We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before this court and

argument would not aid the decisional process.

DISMISSED

∗ Such an appeal must be noted within 14 days of the entry of the order. Fed. R. Bankr. P. 8002(a). 2