Richard Neely v. Mark Zimmer

U.S. Court of Appeals for the Fourth Circuit
Richard Neely v. Mark Zimmer, 545 F. App'x 203 (4th Cir. 2013)

Richard Neely v. Mark Zimmer

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

In this case involving an attorney-fee dispute, Richard Neely and Neely and Callaghan, a West Virginia partnership, appeal from the district court’s grant of summary judgment in favor of Mark Zimmer, individually, as trustee of the Zimmer Survivor Trust, and as executor of the estate of Norma Zimmer; Ronald Zimmer, individually; and the Zimmer Survivor Trust, a California trust. Richard Neely and the partnership of Neely and Callaghan also appeal from the district court’s denial of their motion pursuant to Federal Rule of Civil Procedure 59(e) to alter or amend the judgment.

Having carefully reviewed the briefs, the record, and the relevant law, we affirm on the reasoning of the district court. Neely v. Zimmer, No. 2:11-cv-00444, (S.D.W.Va. Sept. 10, 2012) (denial of Rule 59(e) motion); Neely v. Zimmer, No. 2:11-cv00444, 2012 WL 3198557 (S.D.W.Va. August 2, 2012) (grant of summary judgment).

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.

Reference

Full Case Name
Richard NEELY, Individually; Neely & Callaghan, a West Virginia Partnership, Plaintiffs-Appellants, v. Mark ZIMMER, Individually and as Trustee of the Zimmer Survivor Trust; And as Executor of the Estate of Norma Zimmer; Ronald Zimmer, Individually; The Zimmer Survivor Trust, a California Trust, Defendants-Appellees
Status
Unpublished