Filed: Dec. 29, 2010
Latest Update: Feb. 21, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1157 THREE S DELAWARE, INCORPORATED; SCOTT R. STEELE, Appellants, and STEELE SOFTWARE SYSTEMS CORPORATION (A Maryland Corporation), Plaintiff, v. DATAQUICK INFORMATION SYSTEMS, INCORPORATED (A Delaware Corporation), Defendant – Appellee, and STEELE SOFTWARE SYSTEMS CORPORATION, Defendant, BRANCH BANKING & TRUST COMPANY; BANK OF AMERICA, NA; THOMAS & LIBOWITZ, PA; WHITEFORD, TAYLOR & PRESTON, LLP; CAYMAN ARTS, INCORPORATED;
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1157 THREE S DELAWARE, INCORPORATED; SCOTT R. STEELE, Appellants, and STEELE SOFTWARE SYSTEMS CORPORATION (A Maryland Corporation), Plaintiff, v. DATAQUICK INFORMATION SYSTEMS, INCORPORATED (A Delaware Corporation), Defendant – Appellee, and STEELE SOFTWARE SYSTEMS CORPORATION, Defendant, BRANCH BANKING & TRUST COMPANY; BANK OF AMERICA, NA; THOMAS & LIBOWITZ, PA; WHITEFORD, TAYLOR & PRESTON, LLP; CAYMAN ARTS, INCORPORATED; 3..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1157
THREE S DELAWARE, INCORPORATED; SCOTT R. STEELE,
Appellants,
and
STEELE SOFTWARE SYSTEMS CORPORATION (A Maryland
Corporation),
Plaintiff,
v.
DATAQUICK INFORMATION SYSTEMS, INCORPORATED (A Delaware
Corporation),
Defendant – Appellee,
and
STEELE SOFTWARE SYSTEMS CORPORATION,
Defendant,
BRANCH BANKING & TRUST COMPANY; BANK OF AMERICA, NA;
THOMAS & LIBOWITZ, PA; WHITEFORD, TAYLOR & PRESTON, LLP;
CAYMAN ARTS, INCORPORATED; 3S DEVELOPMENT, LLC; MENETA
STEELE; SCOTT STEELE; STEELESOFT, INCORPORATED; STEELESOFT
MANAGEMENT, LLC; 3S/REALSERV, INCORPORATED; IAUTOMORTGAGE
CORPORATION; OFFERINGS, LLC; OFFERINGS DIRECT, LLC; 3S/REAL
PRO CORPORATION,
Garnishees.
No. 10-1161
In Re: THREE S DELAWARE, INCORPORATED,
Debtor.
--------------------------------------
THREE S DELAWARE, INCORPORATED; SCOTT R. STEELE,
Plaintiffs – Appellants,
v.
AMERICAN ARBITRATION ASSOCIATION; VENABLE LLP; JAMES E.
GRAY; STEPHEN E. MARSHALL; DORSEY & WHITNEY LLC; JAMES W.
CONSTABLE; DATAQUICK INFORMATIONS SERVICES, INCORPORATED;
BEVERLY ANN JOHNSON,
Defendants - Appellees.
Appeals from the United States District Court for the District
of Maryland, at Baltimore. J. Frederick Motz, District Judge.
(1:05-cv-02017-JFM; 1:09-cv-00051-JFM)
Submitted: December 9, 2010 Decided: December 29, 2010
Before WILKINSON, KING, and WYNN, Circuit Judges.
No. 10-1157 dismissed; No. 10-1161 affirmed by unpublished per
curiam opinion.
Erik S. Jaffe, ERIK S. JAFFE, P.C., Washington, D.C.; Yale R.
Spector, YALE R. SPECTOR, L.L.C., Lutherville, Maryland, for
Appellants. G. Stewart Webb, Jr., Andrew Gendron, Michael J.
De Vinne, VENABLE, L.L.P., Baltimore, Maryland; Beverly Johnson,
ROBERTSON & THOMMARSON, L.L.P., Santa Ana, California;
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Matthew B. Ruble, MATTHEW B. RUBLE, P.A., Frederick, Maryland,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In No. 10-1157, Three S Delaware, Inc., and Scott R.
Steele (“Three S”) appeal from the district court’s order
denying a number of motions in the underlying civil action. The
Appellee, DataQuick Information Systems, Inc., has moved to
dismiss this appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties are accorded thirty days after the entry of
the district court’s final judgment or order to note an appeal,
Fed. R. App. P. 4(a)(1)(A), unless the district court extends
the appeal period under Fed. R. App. P. 4(a)(5) or reopens the
appeal period under Fed. R. App. P. 4(a)(6). This appeal period
is “mandatory and jurisdictional.” Browder v. Director, Dep’t
of Corr.,
434 U.S. 257, 264 (1978); see also Bowles v. Russell,
551 U.S. 205, 214 (2007) (“Today we make clear that the timely
filing of a notice of appeal in a civil case is a jurisdictional
requirement.”).
The district court’s judgment was entered on the
docket on September 23, 2009. The notice of appeal, filed
February 3, 2010, was late. Because the Appellants failed to
file a timely notice of appeal or to obtain an extension or
reopening of the appeal period, we grant DataQuick’s motion to
dismiss No. 10-1157.
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In No. 10-1161, Three S appeals the district court’s
orders which, inter alia, refused to abstain from hearing the
removed arbitration case and ruled that Three S’s claims were
barred by collateral estoppel. We have reviewed the record and
the parties’ briefs and we find no reversible error.
Accordingly, we affirm in No. 10-1161 for the reasons stated by
the district court. Three S Delaware, Inc. v. DataQuick Info.
Sys., No. 1:09-cv-00051-JFM (D. Md. Sept. 23, 2009; Jan. 6,
2010). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
No. 10-1157 DISMISSED
No. 10-1161 AFFIRMED
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