Katie Romano v. TD Bank, N.A.

U.S. Court of Appeals for the Eleventh Circuit

Katie Romano v. TD Bank, N.A.

Opinion

USCA11 Case: 23-14173 Document: 33-1 Date Filed: 03/21/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-14173 Non-Argument Calendar ____________________

KATIE ROMANO, Plaintiff-Appellant, versus TD BANK, N.A., a.k.a. TD Bank USA, N.A., TARGET ENTERPRISE, INC., RAS LAVAR LLC, a.k.a. Robertson, Anschultz & Schneid, PL.,

Defendants-Appellees. USCA11 Case: 23-14173 Document: 33-1 Date Filed: 03/21/2024 Page: 2 of 3

2 Opinion of the Court 23-14173

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:23-cv-01293-RBD-EJK ____________________

Before JORDAN, JILL PRYOR, and LUCK, Circuit Judges. PER CURIAM: Upon our review of the record and the responses to the ju- risdictional questions, this appeal is DISMISSED for lack of jurisdic- tion. Katie Romano and her counsel, Paul Wersant, appeal from the district court’s order sanctioning Wersant and directing Appel- lees’ counsel to file notices regarding the amount of costs and fees incurred, as well as previous orders related to the sanctions pro- ceedings. None of those orders determined the specific amount of sanctions for which Wersant is responsible. We thus lack jurisdic- tion to consider them. See 28 U.S.C. § 1291; PlayNation Play Sys., Inc. v. Velex Corp., 939 F.3d 1205, 1212 (11th Cir. 2019). Further, the district court’s January 8, 2024 order, which awarded a specific amount of monetary sanctions but was entered after the instant notice of appeal was filed, does not cure this premature appeal. See Robinson v. Tanner, 798 F.2d 1378, 1385 (11th Cir. 1986); LaChance v. Duffy’s Draft House, Inc., 146 F.3d 832, 836-37 (11th Cir. 1998). Romano and Wersant also appeal from the district court’s December 10, 2023 order dismissing Romano’s action, without USCA11 Case: 23-14173 Document: 33-1 Date Filed: 03/21/2024 Page: 3 of 3

23-14173 Opinion of the Court 3

prejudice, pursuant to her November 17, 2023 notice of voluntary dismissal. Wersant does not have standing to appeal that ruling because he is not a party to Romano’s action. See Marino v. Ortiz, 484 U.S. 301, 304 (1988). And Romano lacks standing to challenge the dismissal order because it is not adverse to her, as it merely rec- ognized the voluntary dismissal she sought by filing her notice. See Versa Prods., Inc. v. Home Depot USA, Inc., 387 F.3d 1325, 1327 (11th Cir. 2004); Ortega Trujillo v. Banco Cent. del Ecuador, 379 F.3d 1298, 1301 (11th Cir. 2004).

Reference

Status
Unpublished