Case: 13-13102 Date Filed: 09/09/2014 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-13102
Non-Argument Calendar
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D.C. Docket No. 5:13-cv-00063-ACC-PRL
MICHAEL HUFF,
individually,
BARBARA HUFF,
individually,
WILLIAM H. LEIBERS,
individually,
Plaintiffs - Appellants,
versus
REGIONS BANK,
d.b.a. Regions Mortgage,
Defendant - Appellee,
ANY AND ALL UNKNOWN PARTIES,
Claiming by, through, under and against
the herein named individually defendants
who are not known to be dead or alive,
whether said unknown parties may claim
an interest as spouses, heirs; devisees,
Case: 13-13102 Date Filed: 09/09/2014 Page: 2 of 3
grantees, or other claimants, et al.,
Defendant.
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Appeal from the United States District Court
for the Middle District of Florida
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(September 9, 2014)
Before ROSENBAUM, ANDERSON and COX, Circuit Judges.
PER CURIAM:
The Plaintiffs challenge on appeal the district court’s order granting Region
Bank’s motion for dismiss. The Plaintiffs filed this diversity case asserting a quiet
title action under Florida law. Regions Bank moved to dismiss the complaint. (R.
36.) The Plaintiffs never responded to the motion. The district court found that the
allegations of the Plaintiffs’ complaint are “conclusory, incomprehensible,
frivolous, or unsupported by law.” (R. 37 at 3.) The court dismissed the case for
failure to state a claim. We affirm.
Reviewing the Plaintiffs’ briefs, we cannot discern what issues the Plaintiffs
raise on appeal. Contrary to the requirements of Federal Rule of Appellate
Procedure 28(a)(5), the Plaintiffs’ brief does not include “a statement of the issues
presented for review.” See also 11th Cir. R. 28-1(h). The statement of the case
provides little guidance. It reads in full: “Approaching this court, Appellant
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Case: 13-13102 Date Filed: 09/09/2014 Page: 3 of 3
petitions the United States Court of Appeals for the Eleventh Circuit per Section 9,
‘No person shall be deprived of life, liberty or property, without due process of law
. . . . . [sic]’” The Plaintiffs seem to contend that the district court violated Section
9 of the Constitution of the State of Florida by dismissing their case. However, the
Plaintiffs provide no reason why a United States district court is governed by the
Florida Constitution.
Additionally, the Plaintiffs seem to contend that the district court erred by
not considering the merits of their case. However, such an assertion is contrary to
the facts in the record. The district court considered the merits of the Plaintiffs’
complaint and found the complaint deficient as a matter of law. And, although the
Plaintiffs cite various portions of Florida quiet title law, they do not show how the
district court erred.
Finally, the Plaintiffs contend that the district court erred by awarding
sanctions. However, the district court specifically deferred ruling on the motion
for sanctions and had not issued any final decision on that matter when the notice
of appeal in this case was filed.
Accordingly, the Plaintiffs allegations of error are meritless and we affirm
the district court’s judgment.
AFFIRMED.
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