Select Financial LLC v. Penland Financial Services, Inc.

319 F. App'x 290

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 27, 2009
• Docket: 08-1426
• Status: Unpublished

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Charles W. Penland, Sr., appeals the district court’s order that granted Plaintiffs motions for summary judgment, sanctions, and dismissal of the counterclaim filed against it; relieved Jean Bradley, the court-appointed guardian ad litem, of her duties; denied Penland’s three motions to dismiss, motion for summary judgment, motion for the disbarment of an attorney and to hold Plaintiff and Bradley in contempt of court, and motion to compel information; and granted a non-party leave to provide a limited response.

This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2006); Fed. R.Civ.P. 54(b); Cohen v. Beneficial Indus. Loan Carp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The order Penland seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We further deny Penland’s motion for an en banc hearing on this matter as no judge has called for a vote on whether an en banc hearing should be permitted. See Fed. R.App. P. 35(f). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.