[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-14441 June 8, 2006
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 05-60524-CV-WPD
ROBERT L. WHITE, Trustee of
The CMM Trust No. 1400 trustee,
Plaintiff-Appellant,
versus
ROBERT PAUL HARDY,
ROBERT S. HARDY,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(June 8, 2006)
Before BLACK and PRYOR, Circuit Judges, and CONWAY*, District Judge.
PER CURIAM:
*
Honorable Anne C. Conway, United States District Judge for the Middle District of
Florida, sitting by designation.
On July 15, 2005, the district court granted Appellees’ Rule 12(b) motion to
dismiss Appellant’s complaint for declaratory judgment and injunctive relief,
holding it lacked subject matter jurisdiction under 46 U.S.C. § 31325(b)(1), 28
U.S.C. § 1331, and 28 U.S.C. § 1333. In the “Argument” section of Appellant’s
initial brief, he fails to (1) cite §§ 31325(b)(1),2 1331, and 1333; (2) cite a single
case addressing the application of these statutes; or (3) explain how these statutes
serve as a basis for subject matter jurisdiction. Under Federal Rule of Appellate
Procedure 28(a)(9)(A) and our precedent, therefore, Appellant abandoned the
relevant arguments he could have raised against the district court’s holding. See
Fed. R. App. P. 28(a)(9)(A); Doe v. Moore, 410 F.3d 1337, 1349 n.10 (11th Cir.
2005). Furthermore, even if Appellant had followed Rule 28(a)(9)(A), we would
still hold §§ 31325(b)(1), 1331, and 1333 do not provide the federal courts subject
matter jurisdiction over this case.
AFFIRMED.
2
Although Appellant discusses § 31325(b)(1) on page 16 of his initial brief, he does so
in the context of explaining how the district court had subject matter jurisdiction over his May
15, 2005, foreclosure proceeding; he does not, however, explain how § 31325(b)(1) provides the
district court subject matter jurisdiction over this case.
2