James Helenthal v. Charles Polk, Jr., et al, No. 10-1583 (8th Cir. 2010)
Annotate this CaseCourt Description: Civil case. Dismissal affirmed without comment; appellee's motion for sanctions of attorneys' fees and double costs is granted.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-1583 ___________ James Helenthal, Appellant, v. Charles E. Polk, Jr.; Lathrop & Gage, LC, Appellees. * * * * Appeal from the United States * District Court for the Eastern * District of Missouri. * * [UNPUBLISHED] * * ___________ Submitted: September 21, 2010 Filed: December 16, 2010 ___________ Before BYE, BOWMAN, and COLLOTON, Circuit Judges. ___________ PER CURIAM. In this diversity matter, James Helenthal appeals following the district court s1 dismissal of his final claim. We find no basis, and Helenthal has provided none, for reversing the dismissal of Count 1 as time-barred, see Dubinsky v. Mermart, LLC, 595 F.3d 812, 815 (8th Cir. 2010) (de novo review of dismissal for failure to state claim); Sloan v. Motorists Mut. Ins. Co., 368 F.3d 853, 854 (8th Cir. 2004) (reviewing de novo district court s application of state law in diversity case); or for reversing the 1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri. dismissal of Count 4 for lack of subject matter jurisdiction, see Riehm v. Engelking, 538 F.3d 952, 964 (8th Cir. 2008) (standard of review). Helenthal has waived his remaining claims against appellees. See Pritchett v. Cottrell, Inc., 512 F.3d 1057, 1059 n.2 (8th Cir. 2008). Accordingly, we affirm. See 8th Cir. R. 47B. We also grant Lathrop & Gage, LC s motion for sanctions of attorneys fees and double costs under Federal Rule of Appellate Procedure 38 for the reasons stated in the motion. ______________________________ -2-
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