TJ Plaza LLC v. U.S. Bank NA

Ninth Circuit

TJ Plaza LLC v. U.S. Bank NA

689 F. App'x 553

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 24, 2017

Docket15-16968, 15-16969

StatusUnpublished

This text of 689 F. App'x 553 (TJ Plaza LLC v. U.S. Bank NA) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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TJ Plaza LLC v. U.S. Bank NA, 689 F. App'x 553 (9th Cir. 2017).

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Opinion

MEMORANDUM **

We dismiss these consolidated appeals because the appellants were the prevailing parties in the district court, and there is nothing in the judgment that can be reformed on appeal. “A party may not appeal from a judgment or decree in his favor, for the purpose of obtaining a review of findings he deems erroneous which are not necessary to support the decree.” United States v. Good Samaritan Church, 29 F.3d 487, 488 (9th Cir. 1994) (quoting Elec. Fittings Corp. v. Thomas & Betts Co., 307 U.S. 241, 242, 59 S.Ct. 860, 83 L.Ed. 1263 (1939)). There is no exception to the general rule here because “[determinations which are immaterial to the judgment below have no preclusive effect on subsequent litigation, especially if they cannot be appealed” and because, “[t]o the extent that the district court order was not favorable to appellants, it does not bind them in subsequent litigation.” Id. at 489.

These consolidated appeals are DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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MEMORANDUM **

We dismiss these consolidated appeals because the appellants were the prevailing parties in the district court, and there is nothing in the judgment that can be reformed on appeal. “A party may not appeal from a judgment or decree in his favor, for the purpose of obtaining a review of findings he deems erroneous which are not necessary to support the decree.” United States v. Good Samaritan Church, 29 F.3d 487, 488 (9th Cir. 1994) (quoting Elec. Fittings Corp. v. Thomas & Betts Co., 307 U.S. 241, 242, 59 S.Ct. 860, 83 L.Ed. 1263 (1939)). There is no exception to the general rule here because “[determinations which are immaterial to the judgment below have no preclusive effect on subsequent litigation, especially if they cannot be appealed” and because, “[t]o the extent that the district court order was not favorable to appellants, it does not bind them in subsequent litigation.” Id. at 489.

These consolidated appeals are DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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Bluebook (online)

689 F. App'x 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tj-plaza-llc-v-us-bank-na-ca9-2017.

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