GILDON v. NATIONSTAR MORTGAGE ARVM (2021)

United States Court of Appeals, Fifth Circuit.

Tuwana Stevette GILDON, Plaintiff—Appellant, v. NATIONSTAR MORTGAGE, L.L.C.; William Roy Attmore; Ras Crane L.L.C.; David Stockman, Substitute Trustee; ARVM-5 L.L.C.; Patrick Paul Sicotte, individually; Nesbitt Vassar; McCown L.L.P., Defendants—Appellees.

No. 19-10727

Decided: January 14, 2021

Before Higginbotham, Jones, and Costa, Circuit Judges.

Tuwana Stevette Gildon, Pro Se Heather Sutton, Joshua Gelman, McGuireWoods, L.L.P., Dallas, TX, for Defendant-Appellee Nationstar Mortgage, L.L.C. Michael Carrer, Senior Counsel, Ellen Horton Raine, Hall Maines Lugrin, P.C., Houston, TX, for Defendants-Appellees William Roy Attmore, Ras Crane L.L.C. Patrick Paul Sicotte, Vassar, McCown, Dear & Sicotte, L.L.P., Addison, TX, for Defendants-Appellees ARVM-5 L.L.C., Patrick Paul Sicotte, Nesbitt Vassar & McCown L.L.P.

Tuwana Stevette Gildon appeals the dismissal of her civil action alleging that her real property was wrongfully foreclosed upon. Finding that Gildon raised only state law claims, the district court dismissed the action for lack of subject-matter jurisdiction because there did not exist complete diversity between Gildon and the defendants as required to establish jurisdiction under 28 U.S.C. § 1332. Gildon timely appealed.

In her opening brief, Gildon renews her claims that the defendants wrongfully foreclosed on and sold her property. However, she briefs no argument that the district court erred in concluding that there was no diversity jurisdiction over her claims. She has thus waived the sole ground for appeal, and her appeal is DISMISSED. See FED. R. APP. P. 28(a)(8); 5th Cir. R. 42.2; Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

FOOTNOTES

FOOTNOTE.

Per Curiam:* FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

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