Cash Flow Financial, LLC v. Darlene A. Bishop, Doing Business As Paradize Funding Network

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

CASH FLOW FINANCIAL, LLC,
Plaintiff-Appellee,
V.
DARLENE A. BISHOP, DOING BUSINESS AS
PARADIZE FUNDING NETWORK,
Defendant-Appellant,
AND
LINDA L. TORTORIELLO,
Defendant-Appellant,
AND
SUPERIOR CONTRACTING OF THE NE, INC.,
Defendant-Appellant,
AND
AISHA HALL, ALSO KNOWN AS AISHA ROCHES-
TER, ELSIE LEE SANCHEZ, DOING BUSINESS AS
L'C ENTERPRISES, JAMES HINKLE, DOING
BUSINESS AS AS 1 INTERNATIONAL, AND KURT
WALKER,
Defendants.

2012-1041

<!-- PageBreak -->

<!-- PageHeader="CASH FLOW FINACIAL v. BISHOP" -->

Appeal from the United States District Court for the
Western District of Texas in case no. 09-CV-0029, Judge
Robert A. Junell.

## ON MOTION

Before NEWMAN, LINN, and REYNA, Circuit Judges.
PER CURIAM.

## ORDER

Appellee Cash Flow Financial, LLC moves to dismiss
this appeal for lack of subject-matter jurisdiction.

Cash Flow Financial, LLC, filed suit against Darlene
A. Bishop, Linda L. Tortoriello, and Superior Contracting
of the NE, Inc. (as well as others) asserting claims arising
under the Securities Exchange Act and the Securities Act,
as well as alleging fraud and breach of contract. Follow-
ing a bench trial, the district court found Appellants liable
to Cash Flow Financial, LLC, for an amount in excess of
$1.7 million. After the district court entered final judg-
ment, Appellants, acting pro se, submitted a Notice of
Appeal expressly seeking review by this court.

Recognizing that this appeal does not fall within the
jurisdiction of this court, Cash Flow notes that the appeal
has now been correctly docketed in the Fifth Circuit as
Appeal No. 11-51007. Cash Flow further states that
Appellants have no objection to the dismissal of this
appeal. Thus, we need not transfer this appeal to the
Fifth Circuit.

<!-- PageBreak -->

## CASH FLOW FINANCIAL v. BISHOP

Accordingly,
IT IS ORDERED THAT:

1\) The motion to dismiss is granted.

2\) Each side shall bear its own costs.

FOR THE COURT

JAN 13 2012

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Harry H. Wise, III, Esq.
Darlene A. Bishop
Linda L. Tortoriello

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JAN 13 2012

s25

Issued As A Mandate:

JAN 13 2012

JAN HORBALY
CLERK