United States Eleventh Circuit
Bank of Am. N.A. v. Colonial Bank, 09-14739
In an action by Bank of America against Colonial Bank, alleging it wrongfully refused to return thousands of mortgage loans and their proceeds, valued in excess of $1 billion, to which Bank of America had legal title, a preliminary injunction in favor of plaintiff is vacated where, because the FDIC's proposed actions with respect to the loans and loan proceeds at issue fell squarely within its statutory receivership powers and functions, 12 U.S.C. section 1821(j) stripped the district court of its jurisdiction to enter the preliminary injunction.
Appellate Information
- Decided 04/26/2010
- Published 04/26/2010
Judges
- ANDERSON, Circuit Judge:, Before O'CONNOR,Associate Justice Retired, and CARNES and ANDERSON, Circuit Judges.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- J. Scott Watson, FDIC, Arlington, VA, Jose I. Rojas, Rojas Law Firm, LLP, Miami, FL, for FDIC., Martin Leonard Steinberg, Patricia Acosta, Jamie Zysk Isani, Hunton & Williams, LLP, Miami, FL, Frank E. Emory, Jr., Patrick L. Robson, James D. Humphries, IV, Hunton & Williams, Charlotte, NC, for Bank of America Nat. Ass'n.