U.S. Court of Appeals for the Eleventh Circuit, 2023

Shirley White-Lett v. Federal National Mortgage Association

Shirley White-Lett v. Federal National Mortgage Association
U.S. Court of Appeals for the Eleventh Circuit · Decided June 26, 2023

Shirley White-Lett v. Federal National Mortgage Association

Opinion

USCA11 Case: 23-10718 Document: 44-1 Date Filed: 06/26/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-10718 Non-Argument Calendar ____________________ In re: SHIRLEY WHITE-LETT, Debtor. ___________________________________________________

SHIRLEY WHITE-LETT, Plaintiff-Appellant, versus FEDERAL NATIONAL MORTGAGE ASSOCIATION, a.k.a. Fannie Mae, MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INCORPORATED, (MERS), USCA11 Case: 23-10718 Document: 44-1 Date Filed: 06/26/2023 Page: 2 of 3

2 Opinion of the Court 23-10718 MERSCORP HOLDINGS, INC., d.b.a. MERS, BANK OF AMERICA, N.A.,

Defendants-Appellees,

NEWREZ, INC., et al.,

Defendants.

____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 4:22-cv-00082-WMR, Bkcy No. 1:10-bk-61451-BEM ____________________ Before JORDAN, NEWSOM, and BRANCH, Circuit Judges.

PER CURIAM: The motions to dismiss the appeal filed by Bank of America, N.A.; MERSCOPR Holdings, Inc.; Mortgage Electronics Registra- tion Systems, Inc.; and Federal National Mortgage Association are GRANTED, and this appeal is DISMISSED.

Although the district court’s February 17, 2023, order re- solved the claims against some of the defendants, it did not end the USCA11 Case: 23-10718 Document: 44-1 Date Filed: 06/26/2023 Page: 3 of 3

23-10718 Opinion of the Court 3 litigation on the merits because the matters in the district court re- main pending as to the Bank of New York Mellon; the Bank of New York Mellon, Corporation; RRA CP Opportunity Trust 1; Shell- point Mortgage Servicing; and NewRez, LLC. Thus, because the district court did not certify the order under Federal Rule of Civil Procedure 54(b), it is not final or otherwise immediately appeala- ble. See 28 U.S.C. §§ 1291, 1292; Fed. R. Civ. P. 54(b); Supreme Fuels Trading FZE v. Sargeant, 689 F.3d 1244, 1246 (11th Cir. 2012) (ex- plaining that an order adjudicating fewer than all the claims in a suit, or adjudicating the rights and liabilities of fewer than all the parties, is not a final judgment from which an appeal may be taken, unless the district court properly certifies a judgment on fewer than all claims or parties as “final” under Rule 54(b)); CSX Transp., Inc. v. City of Garden City, 235 F.3d 1325, 1327 (11th Cir. 2000) (“A final decision is one which ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.”). Addition- ally, the February 17, 2023, order is not appealable pursuant to 28 U.S.C. § 1292(a)(1) because no party sought injunctive relief in the district court, and the order did not grant or deny such relief. See 28 U.S.C. § 1292(a)(1).

All pending motions other than the motions to dismiss are DENIED as moot.

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