Roger Carlson v. Del Webb Communities, Inc.

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 20, 2016
• Docket: 15-2349
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-2349

ROGER F. CARLSON; MARY JO CARLSON,

Plaintiffs - Appellants,

v.

DEL WEBB COMMUNITIES, INC.; PULTE HOMES, INC.,

Defendants – Appellees,

and

SOUTH CAROLINA STATE PLASTERING, LLC; PETER CONLEY,

Defendants.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Sol Blatt, Jr., Senior District Judge. (9:15-cv-00292-SB)

Submitted: March 23, 2016 Decided: May 20, 2016

Before TRAXLER, Chief Judge, and GREGORY and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William Jefferson Leath, Jr., Michael S. Seekings, LEATH, BOUCH & SEEKINGS, LLP, Charleston, South Carolina; Phillip W. Segui, Jr., Amanda Morgan Blundy, SEGUI LAW FIRM, PC, Mount Pleasant, South Carolina, for Appellants. Robert L. Widener, MCNAIR LAW FIRM, P.A., Columbia, South Carolina; A. Victor Rawl, Jr., Henry W. Frampton, IV, MCNAIR LAW FIRM, P.A., Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Roger F. Carlson and Mary Jo Carlson appeal the district

court’s order denying their motion under 28 U.S.C. § 1447(c)

(2012) seeking attorney’s fees. We have reviewed the district

court’s decision for abuse of discretion and find none. See In

re Lowe, 102 F.3d 731, 733 n.2 (4th Cir. 1996) (noting that

district court has discretion to award fees on remand).

Accordingly, we affirm for the reasons stated by the district

court. Carlson v. Del Webb Communities, Inc., No. 9:15-cv-

00292-SB (D.S.C. Oct. 26, 2015). 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.

AFFIRMED