U.S. Court of Appeals for the Fourth Circuit, 2011

Meineke Car Care Centers, Inc. v. Joseph Glover

Meineke Car Care Centers, Inc. v. Joseph Glover
U.S. Court of Appeals for the Fourth Circuit · Decided September 13, 2011 · Niemeyer, Davis, Wynn
446 F. App'x 613

Meineke Car Care Centers, Inc. v. Joseph Glover

Opinion

Affirmed in part; dismissed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Joseph E. Glover appeals the district court’s order granting a preliminary injunction to Meineke Car Care Centers, Inc. We review the district court’s order for abuse of discretion. Planned Parenthood of Blue Ridge v. Cambios, 155 F.3d 352, 359 (4th Cir. 1998) (en banc). We conclude the district court did not abuse its discretion. Accordingly, we affirm the district court’s order.

Glover also challenges the district court’s disposition of his argument that venue did not lie in the Western District of North Carolina. 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 Corp., 337 U.S. 541, 545-46, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). The district court’s determination of venue is not a final or appealable interlocutory or collateral order. Accordingly, we dismiss these arguments for lack of jurisdiction.

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.

AFFIRMED IN PART; DISMISSED IN PART.

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