Thomas Fluharty v. Quicken Loans, Inc.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-cv-00068-FPS-JES. Copies to all parties and the district court. [999698527]. [15-1439]

Appeal: 15-1439

Doc: 48

Filed: 11/13/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1439

THOMAS H. FLUHARTY, Trustee of the Bankruptcy Estate of D.
Kevin Coleman and Diane M. Coleman; D. KEVIN COLEMAN; DIANE
M. COLEMAN,
Plaintiffs - Appellants,
v.
QUICKEN LOANS, INC.; TITLE SOURCE, INC.; M&T BANK, Successor
by Assignment and Sub-Servicing Agreement to Defendant Bank
of America, N.A.,
Defendants – Appellees,
and
BANK OF AMERICA, N.A.,
Defendant.
------------------------WEST VIRGINIA BANKERS ASSOCIATION, INC.; COMMUNITY BANKERS
OF WEST VIRGINIA, INC.,
Amici Supporting Appellees.

Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Frederick P. Stamp,
Jr., Senior District Judge. (5:13-cv-00068-FPS-JES)

Submitted:

September 29, 2015

Decided:

November 13, 2015

Before WILKINSON, DUNCAN, and HARRIS, Circuit Judges.

Appeal: 15-1439

Doc: 48

Filed: 11/13/2015

Pg: 2 of 3

Affirmed by unpublished per curiam opinion.

Martin P. Sheehan, SHEEHAN & NUGENT, PLLC, Wheeling, West
Virginia, for Appellants.
John C. Lynch, Jason Manning,
TROUTMAN SANDERS, LLP, Virginia Beach, Virginia; Carrie Goodwin
Fenwick, Joseph M. Ward, GOODWIN & GOODWIN, LLP, Charleston,
West Virginia, for Appellees.
Floyd E. Boone, Jr., Sandra M.
Murphy, Stuart A. McMillan, James E. Scott, BOWLES RICE, LLP,
Charleston, West Virginia, for Amici Supporting Appellees.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 15-1439

Doc: 48

Filed: 11/13/2015

Pg: 3 of 3

PER CURIAM:
Thomas H. Fluharty, the trustee in an underlying bankruptcy
proceeding,
dismissing
Residential

appeals
his

from

claims

the

brought

Mortgage

Lender,

district
pursuant
Broker

court’s
to

and

the

orders:
West

Servicer

(1)

Virginia
Act,

(2)

denying his motion to certify a question to the West Virginia
Supreme Court, and (3) granting summary judgment in favor of the
Defendants on his claim that the mortgage contracts at issue
were unenforceable as unconscionable under West Virginia law.
We have reviewed the record included on appeal, as well as the
parties’ briefs, and find no reversible error.

Accordingly, we

affirm for the reasons stated by the district court.

Fluharty

v. Quicken Loans, Inc., No. 5:13-cv-00068-FPS-JES (N.D. W. Va.
Nov. 7, 2013; Feb. 19, 2014; Apr. 6, 2015).
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.
AFFIRMED

3