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TJ Plaza LLC v. U.S. Bank NA
689 F. App'x 553
| 9th Cir. | 2017
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*2 Before: THOMAS, Chief Judge, and FERNANDEZ and MURGUIA, Circuit Judges.

We dismiss these consolidated appeals because the appellants were the prevailing parties in the district court, and there is nothing in the judgment that can be reformed on appeal. “A party may not appeal from a judgment or decree in his favor, for the purpose of obtaining a review of findings he deems erroneous which are not necessary to support the decree.” United States v. Good Samaritan Church , 29 F.3d 487, 488 (9th Cir. 1994) (quoting Elec. Fittings Corp. v. Thomas & Betts Co. , 307 U.S. 241, 242 (1939)). There is no exception to the general rule here because “[d]eterminations which are immaterial to the judgment below have no * * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

preclusive effect on subsequent litigation, especially if they cannot be appealed” and because, “[t]o the extent that the district court order was not favorable to appellants, it does not bind them in subsequent litigation.” Id. at 489.

These consolidated appeals are DISMISSED .

Case Details

Case Name: TJ Plaza LLC v. U.S. Bank NA
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 24, 2017
Citation: 689 F. App'x 553
Docket Number: 15-16968, 15-16969
Court Abbreviation: 9th Cir.
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