Summary
acknowledging that " borrower can trigger rescission `solely by notifying the creditor within set time limits of [her] intent to rescind", but affirming grant of summary judgment where notification was sent "exactly three years and six months after the closing of [the plaintiff's] loan"
Summary of this case from Pearce v. Bank of America Home LoansOpinion
No. 07-11110 Non-Argument Calendar.
October 24, 2007.
Carol Eugenia Lambeth, J. Gusty Yearout, Yearout Traylor, P.C., Birmingham, AL, for Plaintiff-Appellant.
Robert George Lian, Jr., Nathan J. Oleson, Washington, DC, David James Middle brooks, Lehr Middlebrooks Vreeland, P.C., Birmingham, AL, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of Alabama. D.C. Docket No. 02-02610-CV-2-SLB.
Before BLACK, MARCUS and COX, Circuit Judges.
Plaintiff George Adams appeals following the district court's grant of summary judgment in favor of Defendant Allstate Insurance Company.
Adams argues: (1) that the district court erred in denying Adams's motion to remand and in granting Allstate's motion to dismiss Defendant Brad Rankin; (2) that the district court erred in denying Adams's two motions for leave to amend the complaint; and (3) that the district court erred in granting Allstate summary judgment.
Having considered the briefs and the record, we find no abuse of discretion in the denial of Adams's motions for leave to amend and no error in the other rulings Adams complains of.