Nove: This order is nonprecedential.
Gnited States Court of Appeals
for the Federal Circuit
CASH FLOW FINANCIAL, LLC,
Plaintiff-Appellee,
ve
DARLENE A. BISHOP, DOING BUSINESS AS
PARADIZE FUNDING NETWORK,
Defendant-Appellant,
AND
LINDA L. TORTORIELLO,
Defendant-Appellant,
AND
SUPERIOR CONTRACTING OF THE NE, INC.,
Defendant-Appellant,
AND
AISHA HALL, ALSO KNOWN AS AISHA ROCHESTER, ELSIE LEE SANCHEZ, DOING BUSINESS AS
L’C ENTERPRISES, JAMES HINKLE, DOING
BUSINESS AS AS 1 INTERNATIONAL, AND KURT
WALKER, —
Defendants.
2012-1041
2CASH FLOW FINACIAL v. BISHOP 2
Appeal from the United States District Court for the Western District of Texas in case no. 09-CV-0029, Judge Robert A. Junell.
ON MOTION
Before NEWMAN, LINN, and REYNA, Circuit Judges.
ORDER
Appellee Cash Flow 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. Following 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 final judgment, 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.
33 CASH FLOW FINANCIAL v. BISHOP
Accordingly, It Is ORDERED THAT: 1) The motion to dismiss is granted.
2) Each side shall bear its own costs.
For THE Courr JAN 13 2012
/sf Jan Horbaly Date Jan Horbaly
Clerk
ec: Harry H. Wise, III, Esq.
Darlene A. Bishop FILED Liin da L. Tortorii ello 0S OUR AEALS FOR
e 825 ‘
JAN 13 2012 Issued As A Mandate: _ JAN 13 2012 . JANC HLOERRKBALY