Zablosky v. Midfirst Bank

• Court: Court of Appeals for the Federal Circuit
• Decided: November 25, 2013
• Docket: 19-2326
• Status: Unpublished

Opinion

Case: 13-1626 Document: 15 Page: 1 Filed: 11/25/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JAMES E. ZABLOSKY AND KAREN ZABLOSKY, Plaintiffs-Appellants,

v.

MIDFIRST BANK AND MIDLAND MORTGAGE CO., Defendants-Appellees,

AND

SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendant-Appellee. ______________________

2013-1626 ______________________

Appeal from the United States District Court for the Western District of Texas in No. 13-CV-0467, Senior Judge Harry Lee Hudspeth. ______________________

PER CURIAM. ORDER The court considers whether this appeal should be dismissed. Case: 13-1626 Document: 15 Page: 2 Filed: 11/25/2013

This appeal involves an action by James and Karen Zablosky to halt foreclosure on property located at 187 Country View Lane, Floresville, Texas. The Zabloskys appeal. This court is a court of limited jurisdiction, which does not appear to include jurisdiction in this matter. 28 U.S.C. § 1295. Rather, it appears the proper forum would be the United States Court of Appeals for the Fifth Circuit. Additionally, on September 3, 2013, the Zabloskys filed with the district court a motion to with- draw their appeal, and thus it may be that it would be unnecessary to transfer this appeal to the Fifth Circuit. Accordingly, IT IS ORDERED THAT: (1) Absent objection received within 21 days of the date of this order, this appeal will be dismissed. (2) The briefing schedule is stayed. FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s25