United States v. David Zavala
23-13536
11th Cir.
Dec 2, 2024
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Docket
Opinion Summary

Facts

  1. Dee Monbo filed a lawsuit against the Small Business Administration (SBA) under the Administrative Procedure Act and Mandamus Act to compel the SBA to adjudicate her company's application for the Hardship Accommodation Plan. [lines="8-11"].
  2. The SBA program was designed to temporarily reduce loan payments for COVID-19 Disaster Loan recipients. [lines="10-11"].
  3. Defendants opposed the injunction and simultaneously moved to dismiss Monbo's complaint for lack of subject matter jurisdiction and failure to state a claim. [lines="23-24"].
  4. The court found that Monbo's company, not Monbo personally, received the loan and applied for renewal, which raised questions about her standing. [lines="45-46"].
  5. The court ultimately concluded that Monbo failed to establish jurisdiction and dismissed her complaint. [lines="31-33"].

Issues

  1. Whether Dee Monbo has standing to pursue claims regarding the SBA program on behalf of her company. [lines="62-63"].
  2. Whether the court has jurisdiction over Monbo’s application under the Administrative Procedure Act and Mandamus Act given the circumstances of her case. [lines="58-59"].

Holdings

  1. The court held that Monbo lacked standing to bring suit because her claims were derivative of her company's rights, which are not protected under the shareholder-standing rule. [lines="58-62"].
  2. The court granted Defendants’ Motion to Dismiss due to a lack of subject matter jurisdiction. [lines="31-33"].

OPINION

*2 Before B RANCH , L UCK , and A NDERSON , Circuit Judges.

PER CURIAM:

The government’s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’s plea agreement is GRANTED. See United States v. Bushert , 997 F.2d 1343, 1351 (11th Cir. 1993) (holding that a sentence appeal waiver will be enforced if it was made know- ingly and voluntarily); United States v. Boyd , 975 F.3d 1185, 1192 (11th Cir. 2020) (providing that the touchstone for assessing whether an appeal waiver was knowing and voluntary is whether it was clearly conveyed to the defendant that he was giving up his right to appeal under most circumstances).