Elawyers Elawyers
Ohio| Change

James Cockhren v. H. Terpstra, II, 15-1033 (2015)

Court: Court of Appeals for the Eighth Circuit Number: 15-1033 Visitors: 37
Filed: Aug. 21, 2015
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 15-1033 _ James Arthur Cockhren; Margaret Louise Cockhren lllllllllllllllllllll Plaintiffs - Appellants v. H. Raymond Terpstra, II lllllllllllllllllllll Defendant - Appellee _ Appeal from United States District Court for the Northern District of Iowa, Waterloo _ Submitted: August 18, 2015 Filed: August 21, 2015 [Unpublished] _ Before WOLLMAN, SMITH, and BENTON, Circuit Judges. _ PER CURIAM. James Cockhren and Margaret Cockhren appeal th
More
                  United States Court of Appeals
                             For the Eighth Circuit
                         ___________________________

                                 No. 15-1033
                         ___________________________

                James Arthur Cockhren; Margaret Louise Cockhren

                       lllllllllllllllllllll Plaintiffs - Appellants

                                            v.

                              H. Raymond Terpstra, II

                        lllllllllllllllllllll Defendant - Appellee
                                       ____________

                     Appeal from United States District Court
                    for the Northern District of Iowa, Waterloo
                                  ____________

                            Submitted: August 18, 2015
                              Filed: August 21, 2015
                                  [Unpublished]
                                  ____________

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.
                          ____________

PER CURIAM.

       James Cockhren and Margaret Cockhren appeal the district court’s1 dismissal
of their pro se complaint against an attorney. In their complaint, they asserted claims

      1
      The Honorable Edward J. McManus, United States District Judge for the
Northern District of Iowa.
under the Truth in Lending Act, a state-law claim for breach of fiduciary duties, and
a state-law claim for loss of consortium. After careful de novo review, see Levy v.
Ohl, 
477 F.3d 988
, 991 (8th Cir. 2007) (standard of review), we conclude that the
complaint failed to state a claim, see 15 U.S.C. § 1602(g) (defining “creditor” under
Truth in Lending Act); Shivvers v. Hertz Farm Mgmt., Inc., 
595 N.W.2d 476
, 479
(Iowa 1999) (discussing attorney’s duty of care); Huber v. Hovey, 
501 N.W.2d 53
,
57 (Iowa 1993) (discussing loss-of-consortium claim under Iowa law); see also
Fullington v. Pfizer, Inc., 
720 F.3d 739
, 747 (8th Cir. 2013) (court of appeals may
affirm on any basis supported by record).

      The judgment is affirmed. See 8th Cir. R. 47B.
                     ______________________________




                                         -2-

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer