Diamond Falls Estates, LLC v. Nantahala Bank & Trust Company

U.S. Court of Appeals for the Fourth Circuit
Diamond Falls Estates, LLC v. Nantahala Bank & Trust Company, 684 F. App'x 316 (4th Cir. 2017)

Diamond Falls Estates, LLC v. Nantahala Bank & Trust Company

Opinion

Affirmed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

This case arises under diversity of citizenship jurisdiction and involves a loan that the Appellants, Diamond Falls Estates, LLC, Shirley M. Buafo, and Charles K. Buafo, obtained from Nantahala Bank & Trust Company (“Nantahala”) to develop a North Carolina property. The district court granted summary judgment in favor of Nantahala on the Appellants’ claims and on Nantahala’s counterclaims.

Appellants present the following issues for our review:

I. Whether the district court erred by granting Nantahala’s motion for summary judgment on the breach of contract claim;
II. Whether the district court erred by granting Nantahala’s motion for summary judgment on the breach of fiduciary duty and constructive fraud claims;
*317 III. Whether the district court erred by granting Nantahala’s motion for summary judgment on the negligent and fraudulent misrepresentation claims;, and
IV. Whether the district court erred by granting Nantahala’s motion for summary judgment on the unfair and deceptive trade practices claim.

Having had the benefit of full briefing and oral argument, and having fully considered the parties’ contentions, we affirm for the reasons stated by the district court in its thorough memorandum opinion. Diamond Falls Estates, LLC v. Nantahala Bank & Trust Co., No. 2:14-cv-00007-MR-DLH, 2015 WL 5232687 (W.D.N.C. Sept. 8,2015).

AFFIRMED

Reference

Full Case Name
DIAMOND FALLS ESTATES, LLC; Shirley M. Buafo; Charles K. Buafo, Plaintiffs-Appellants, v. NANTAHALA BANK & TRUST COMPANY, Defendant-Appellee, and Steve E. Gravett; Excell Partners, LLC; Jane/John Does; Luxur, Inc.; Realty Acquisitions, LLC, Defendants
Status
Unpublished