Gwen Caranchini v. Nationstar Mortgage, LLC, No. 19-1676 (8th Cir. 2019)
Annotate this CaseCourt Description: Per Curiam. Before Colloton, Shepherd, and Erickson, Circuit Judges] Civil Case - diversity. Because notice of appeal designated intent to appeal summary judgment motion, Caranchini's appeal of the denial of request for recusal is outside scope of the appeal and thus district court's order is affirmed.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-1676 ___________________________ Gwen G. Caranchini, also known as Gwendolyn Gill Caranchini lllllllllllllllllllllPlaintiff - Appellant v. Nationstar Mortgage, LLC lllllllllllllllllllllDefendant - Appellee Martin Leigh, P.C. lllllllllllllllllllllDefendant ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: November 7, 2019 Filed: November 25, 2019 [Unpublished] ____________ Before COLLOTON, SHEPHERD, and ERICKSON, Circuit Judges. ____________ PER CURIAM. In this diversity action, Gwen Caranchini appeals after the district court’s1 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. Truman 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. ______________________________ 1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri. -2-
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