Carley v. Saalwaechter Inc.
Carley v. Saalwaechter Inc.
Opinion
Case: 26-1001 Document: 7 Page: 1 Filed: 12/15/2025
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
NANNETTE CARLEY, Plaintiff-Appellant
v.
SAALWAECHTER INC., DAVID SAALWAECHTER, J. RANDALL BAYS, TOMBALL INDEPENDENT SCHOOL DISTRICT, COUNTY OF MONTGOMERY, Defendants-Appellees ______________________
2026-1001 ______________________
Appeal from the United States District Court for the Southern District of Texas in No. 4:24-cv-03396, Judge Al- fred H. Bennett. ______________________
ON MOTION ______________________
Before REYNA, BRYSON, and STARK, Circuit Judges. PER CURIAM. ORDER On August 25, 2025, the district court entered final judgment dismissing Ms. Carley’s suit relating to a foreclo- sure on her home. On September 9, 2025, Ms. Carley filed Case: 26-1001 Document: 7 Page: 2 Filed: 12/15/2025
2 CARLEY v. SAALWAECHTER INC.
a still-pending motion “[p]ursuant to 28 U.S.C. § 144,” Dkt. No. 63 at 1, arguing, inter alia, that the dismissal was im- proper, and, on September 25, 2025, she filed a notice of appeal directed to this court. In response to this court’s October 16, 2025 order directing the parties to address our jurisdiction, appellees argue for dismissal or transfer to the United States Court of Appeals for the Fifth Circuit. Nan- nette Carley has not filed a response. In general, we only have jurisdiction over an appeal from a final district court decision in cases involving the patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on re- view to the district court from the United States Patent and Trademark Office, see id. § 1295(a)(4)(C); and cases involv- ing certain damages claims against the United States not exceeding $10,000 in amount, id. §§ 1295(a)(2), 1346(a)(2). Ms. Carley’s case does not fall within any of those catego- ries, such that we lack jurisdiction over her appeal. We further conclude that transfer to the United States Court of Appeals for the Fifth Circuit is appropriate under the circumstances of this case. See 28 U.S.C. §§ 41, 1291, 1294, 1631.1 Accordingly,
1 We leave any issues as to the timeliness of Ms. Car- ley’s notice of appeal for the Fifth Circuit to resolve. See Fed. R. App. P. 4(a)(4)(A), (B)(i). Case: 26-1001 Document: 7 Page: 3 Filed: 12/15/2025
CARLEY v. SAALWAECHTER INC. 3
IT IS ORDERED THAT: This matter and all case filings are transferred to the United States Court of Appeals for the Fifth Circuit pursu- ant to 28 U.S.C. § 1631. FOR THE COURT
December 15, 2025 Date
Reference
- Status
- Unpublished