This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves a self-represented plaintiff, Patrick D. Tays, who appealed from a district court order dated September 8, 2016. The appeal concerns the estate of S. Craig Tays, with David F. Metler III acting as the personal representative of the deceased's estate (para 1).
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Plaintiff-Appellant: The Plaintiff did not file a memorandum in opposition to the Court's notice of proposed disposition, which suggested dismissing the appeal for lack of a final order (para 1).
- Defendants-Appellees: Defendants supported the Court's proposed summary disposition regarding the lack of finality in the order and requested the Court to dismiss the appeal based on collateral estoppel principles. They also sought to limit further litigation by the Plaintiff on the matters at issue in this case (para 1).
Legal Issues
- Whether the appeal should be dismissed for lack of a final order.
- Whether the appeal should be dismissed based on principles of collateral estoppel and to limit further litigation by the Plaintiff on the matters at issue in this case (para 1).
Disposition
- The appeal was dismissed for lack of a final order (para 2).
Reasons
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TIMOTHY L. GARCIA, Judge (LINDA M. VANZI, Chief Judge, and JONATHAN B. SUTIN, Judge concurring):The Court decided to dismiss the appeal due to the absence of a final order, aligning with the reasons stated in the Court's notice of proposed disposition. The Court declined to rule on the additional issues raised by the Defendants, including the application of collateral estoppel principles and the request to limit further litigation by the Plaintiff on the matters at issue, citing a lack of jurisdiction as the reason for their decision (paras 1-2).
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