No. 22-6557

Diana Louise Houck v. Lifestore Bank, et al.

Lower Court: Fourth Circuit
Docketed: 2023-01-18
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-procedure circuit-court civil-procedure cumulative-finality dismissal finality interlocutory-appeal right-to-appeal rule-58 vacatur
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Cumulative Finality

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Cumulative Finality: When a Plaintiff has not requested cumulative finality for an interlocutory appeal, the Circuit Court of Appeals did not determine that it would not be unjust to find cumulative finality, the determination of cumulative finality would cause the Plaintiff to lose her right to appeal orders dismissing other Defendants, the orders dismissing other Defendants came during the pendency of the interlocutory appeal, and the orders dismissing other Defendants were confusing to the Plaintiff and the Fourth Circuit Court of Appeals, can the Fourth Circuit Court of Appeals find cumulative finality for the interlocutory appeal? 2. Rule 58: Can a case be closed when there is no final judgment on a separate document that dismisses all claims against all parties? 3. Vacatur: When a judgment is vacated, can the vacated judgment still have a preclusive effect for a party’s right to appeal the judgment?

Docket Entries

2023-10-02
Petition DENIED.
2023-06-22
DISTRIBUTED for Conference of 9/26/2023.
2023-06-16
Petitioner complied with order of March 27, 2023.
2023-04-11
Application (22A890) granted by The Chief Justice extending the time to file until June 16, 2023.
2023-04-07
Application (22A890) for an extension of time within which to comply with the order of March 27, 2023, submitted to The Chief Justice.
2023-03-27
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 17, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-03-09
DISTRIBUTED for Conference of 3/24/2023.
2023-02-17
Brief of respondent Lifestore Bank in opposition filed.
2023-02-10
Waiver of right of respondent Grid Financial Services, Inc. to respond filed.
2023-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 17, 2023)
2022-11-10
Application (22A421) granted by The Chief Justice extending the time to file until January 14, 2023.
2022-11-02
Application (22A421) to extend the time to file a petition for a writ of certiorari from November 15, 2022 to January 14, 2023, submitted to The Chief Justice.

Attorneys

Diana Louise Houck
Micheal Shane PerryMicheal Shane Perry, Petitioner
Micheal Shane PerryMicheal Shane Perry, Petitioner
Grid Financial Services, Inc.
Robert A. MaysMays Johnson Law Firm, Respondent
Robert A. MaysMays Johnson Law Firm, Respondent
Lifestore Bank
Alan Meredith RuleyBell, Davis & Pitt, P.A., Respondent
Alan Meredith RuleyBell, Davis & Pitt, P.A., Respondent