Heather McGee, et al v. Bank of America, N.A.

Filing

Opinion issued by court as to Appellants Heather Andrews McGee and Laketha D. Wilson. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. Motion to voluntarily dismiss appeal filed by Appellants Heather Andrews McGee and Laketha D. Wilson is DENIED as MOOT. [8001635-2]. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 15-13855

Date Filed: 01/18/2017

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-13855
Non-Argument Calendar
________________________
D.C. Docket No. 0:15-cv-60480-JIC
HEATHER ANDREWS MCGEE,
LAKETHA D. WILSON,
Plaintiffs-Appellants,
versus
BANK OF AMERICA, N.A.,
Defendant-Appellee.

________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(January 18, 2017)
Before MARCUS and WILLIAM PRYOR, Circuit Judges, and DAVIS, ∗ District
Judge.
PER CURIAM:
∗

Honorable Brian J. Davis, United States District Judge for the Middle District of Florida, sitting
by designation.

Case: 15-13855

Date Filed: 01/18/2017

Page: 2 of 2

The issue in this appeal is whether the extended charge that Bank of
America assesses on its deposit accounts constitutes “interest” for purposes of the
National Bank Act, 12 U.S.C. §§ 85–86. The plaintiffs concede that, under our
decision in Video Trax, Inc. v. Nationsbank, N.A., 205 F.3d 1358 (11th Cir. 2000),
the extended charge is not interest. The plaintiffs brought this appeal because they
want to petition the en banc Court to overrule Video Trax, a petition they are free
to file within 21 days of our opinion, see 11th Cir. R. 35-2. The plaintiffs also
argue that the district court should have allowed them to proceed to discovery
before dismissing their complaint, but that argument fails because their complaint
fails to state a claim as a matter of law.
We AFFIRM the dismissal of the complaint. We DENY AS MOOT the
appellants’ motion to dismiss the appeal.

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