Cash Flow Financial, LLC v. Bishop

F NOTE: This order is 110nprecedentia1. United States Court of AppeaIs for the FederaI Circuit CASH FLOW FINANCIA_L, LLC, l Plain.tiff~Appellee, 4 V. DARLENE A. BISHOP, DOING BUSINESS AS PARADIZE FUNDING NETWORK, - Defendan,t-Appellan.t, AND L1NDA L. T0RT0R1ELL0, ` Defen,dant-Appellant, AND SUPERIOR CONTRACTING OF THE NE, INC., Defen,dant-Appellant, AND AISH.A HALL, ALSO KNOWN AS AISHA ROCHES- TER, ELSIE LEE SANCHEZ, DOING BUSINESS AS L’C ENTERPRISES, JAMES HINKLE, DOING BUSINESS AS AS 1 INTERNATIONAL, AND KURT WALKER, ' Defen,dan.ts. 2012-1041 \ k ` wh CASH FLOW FINACIAL V. BISHOP 2 Appeal from the United States District C0urt for the Western District of Texas in case no. 09-CV-0029, Judge Robert A. Junell. ON MOTION Before NEWMAN, L1NN, and REvNA, Circu,it Ju,dges. PER CURLAM. ORDER Appellee Cash F10w Financial, LLC moves to dismiss this appeal for lack of subject-matter jurisdiction Cash Flow Financial, LLC, filed suit against Darlene A. Bishop, Linda L. Tortoriello, and Superior Contracting of the NE, Inc. (as well as others) asserting claims arising under the Securities Exchange Act and the Securities Act, as well as alleging fraud and breach of contract. Follow- ing a bench trial, the district court found Appellants liable to Cash Flow Financial, LLC, for an amount in excess of $1.7 million After the district court entered Hnal judg- ment, Appellants, acting pro se, submitted a Notice of Appeal expressly seeking review by this court. Recognizing that this appeal does not fall within the jurisdiction of this court, Cash Flow notes that the appeal has now been correctly docketed in the Fifth Circuit as Appeal No. 11-51007. Cash Flow further states that Appellants have no objection to the dismissal of this appeal Thus, we need not transfer this appeal to the Fifth Circuit. 3 l cc: s25 CASH FLOW FINANclAL v. B1sHoP Accordingly, IT ls 0RDERE1) THAT: 1) The motion to dismiss is granted 2) Each side shall bear its own costs. FOR THE COURT JAN 1 3 2012 /s/ J an Horbaly Date J an Horbaly Clerk Harry H. Wise, III, Esq. Darlene A. Bishop F"_En Linda L. Tortoriello U-5-T?£lll§B€§AF}_Pt5E‘Y1F93 JAN 13 2012 Issued As A Mandate: JAN 1 3 ` JANCl'}lg§§Al-Y