CARANCHINI v. Martin Leigh, P.C. Defendant (2019)

United States Court of Appeals, Eighth Circuit.

Gwen G. CARANCHINI, also known as Gwendolyn Gill Caranchini Plaintiff - Appellant v. NATIONSTAR MORTGAGE, LLC Defendant - Appellee Martin Leigh, P.C. Defendant

No. 19-1676

Decided: November 25, 2019

Before COLLOTON, SHEPHERD, and ERICKSON, Circuit Judges.

Gwen G. Caranchini, Pro Se Thomas B. Alleman, Dykema & Cox, Dallas, TX, Harry N. Arger, Caleb J. Halberg, Dykema & Gossett, Chicago, IL, Thomas J. Fritzlen, Jr., Martin & Leigh, Kansas City, MO, William H. Meyer, Southlaw, P.C., Overland Park, KS, for Defendant-Appellee

[Unpublished]

In this diversity action, Gwen Caranchini appeals after the district court's ¹ adverse grant of summary judgment and denial of her subsequent motion requesting recusal. Caranchini's notice of appeal (NOA) designated her intent to appeal the district court's order granting summary judgment. In her briefs, Caranchini challenges only the denial of her request for recusal. Defendant Nationstar Mortgage, LLC, asserts that Caranchini's challenge is outside the scope of this appeal, because the NOA identified only the order granting summary judgment. We agree. See USCOC of Greater Mo. v. City of Ferguson, Mo., 583 F.3d 1035, 1040 (8th Cir. 2009) (no jurisdiction to decide issues on appeal that were not designated, and therefore not preserved, in NOA). See also Evance v. Trumann Health Services, LLC, 719 F.3d 673, 677 (8th Cir. 2013) (appellate review is limited to issues identified in NOA). Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Greg Kays, United States District Judge for the Western District of Missouri.

PER CURIAM.

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