DIAMOND FALLS ESTATES LLC SHIRLEY BUAFO CHARLES BUAFO v. STEVE GRAVETT EXCELL PARTNERS LLC JANE JOHN DOES LUXUR INC REALTY ACQUISITIONS LLC

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United States Court of Appeals, Fourth Circuit.

DIAMOND FALLS ESTATES, LLC; SHIRLEY M. BUAFO; CHARLES K. BUAFO, Plaintiffs - Appellants, v. NANTAHALA BANK & TRUST COMPANY, Defendant – Appellee, STEVE E. GRAVETT; EXCELL PARTNERS, LLC; JANE/JOHN DOES; LUXUR, INC.; REALTY ACQUISITIONS, LLC, Defendants.

No. 15-2210

Decided: April 07, 2017

Before NIEMEYER and KEENAN, Circuit Judges, and DAVIS, Senior Circuit Judge. ARGUED: John Anthony Moore, MOORE LAW GROUP, LLC, Atlanta, Georgia, for Appellants. Esther Elizabeth Manheimer, VAN WINKLE LAW FIRM, Asheville, North Carolina, for Appellee. ON BRIEF: Michael S. Rosier, ROSIER LAW FIRM, Lanham, Maryland, for Appellants.

This case arises under diversity of citizenship jurisdiction and involves a loan that the Appellants, Diamond Falls Estates, LLC, Shirley M. Buafo, and Charles K. Buafo, obtained from Nantahala Bank & Trust Company (“Nantahala”) to develop a North Carolina property. The district court granted summary judgment in favor of Nantahala on the Appellants' claims and on Nantahala's counterclaims.

Appellants present the following issues for our review:

I. Whether the district court erred by granting Nantahala's motion for summary judgment on the breach of contract claim;

II. Whether the district court erred by granting Nantahala's motion for summary judgment on the breach of fiduciary duty and constructive fraud claims;

III. Whether the district court erred by granting Nantahala's motion for summary judgment on the negligent and fraudulent misrepresentation claims; and

IV. Whether the district court erred by granting Nantahala's motion for summary judgment on the unfair and deceptive trade practices claim.

Having had the benefit of full briefing and oral argument, and having fully considered the parties' contentions, we affirm for the reasons stated by the district court in its thorough memorandum opinion. Diamond Falls Estates, LLC v. Nantahala Bank & Trust Co., No. 2:14-cv-00007-MR-DLH (W.D.N.C. Sept. 8, 2015).

AFFIRMED

PER CURIAM: