In this particular Opinion, it’s spits out that the litigant is not going to receive free filing due to being IFP, but instead the Koncaks’ are seen as filing “not in good faith” and hence frivilous. Deutsche Bank win.
“Lou Tyler moves this court for leave to proceed in forma pauperis (IFP) in her appeal of the district court’s dismissal of her civil action against Ocwen Loan Servicing, L.L.C., and Deutsche Bank.
Tyler’s motion is a challenge to the district court’s determination that her appeal is not taken in good faith. See Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997).
Because Tyler has failed to challenge the certification that her appeal is not taken in good faith and the reasons for such a certification, she has abandoned the critical issue of her appeal. Id. Thus, the appeal lacks arguable merit and is frivolous. See Howard v. King, 707 F.2d 215, 220 (5th Cir. 1983).
Accordingly, Tyler’s motion for leave to proceed IFP is DENIED, and her appeal is DISMISSED as frivolous. See Baugh, 117 F.3d at 202 n.24; 5TH CIR. R. 42.2.
Further, Tyler is CAUTIONED that future frivolous or repetitive filings in this court will result in the imposition of sanctions, including dismissal, monetary sanctions, and restrictions on her ability to file pleadings in this court or any court subject to this court’s jurisdiction.”
Panel consisted of: PRADO, ELROD, and GRAVES
Post Edited: Are You Bloody Kidding Again? https://t.co/iDBLMgqU6b
— LawsInTexas (@lawsintexasusa) December 26, 2020
Fifth Circuit: “Acceleration Abandoned. But We Already Foreclosed The Waldens Home in 2021”
This case is a clear example of what LIT continuously highlights. Foreclosure mill counsel are duplicating cases and fees in foreclosures.
Texas Supreme Court Ruling Reinforces Jurisdiction is Always First
A claim for fees and sanctions under the TCPA can prevent an appeal from becoming moot, but only if a court has subject-matter jurisdiction.
Aborting the Radical Biblical-Pounding Court at the Fifth Circuit: Unanimous SCOTUS Justices Reverse (9-0)
Supreme Court Strikes Down Texas-Led Challenge to Mifepristone Access by CA5 3-Panel comprising of Judges Jennifer Elrod, Jim Ho and Wilson.
Post Edited: Deutsche Bank settles class action over RMBS trusts https://t.co/sgvVnBT39v
— LawsInTexas (@lawsintexasusa) December 25, 2020
