Nannette Carley v. Saalwaechter Inc., David Saalwaechter, J. Randall Bays, Tomball Independent School…

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
NANNETTE CARLEY,
Plaintiff-Appellant
v.
SAALWAECHTER INC., DAVID SAALWAECHTER,
J. RANDALL BAYS, TOMBALL INDEPENDENT
SCHOOL DISTRICT, COUNTY OF MONTGOMERY,
Defendants-Appellees
______________________
2026-1001
______________________
Appeal from the United States District Court for the
Southern District of Texas in No. 4:24-cv-03396, Judge Al-
fred H. Bennett.
______________________
ON MOTION
______________________
Before REYNA, BRYSON, and STARK, Circuit Judges.
PER CURIAM.
O R D E R
On August 25, 2025, the district court entered final
judgment dismissing Ms. Carley’s suit relating to a foreclo-
sure on her home. On September 9, 2025, Ms. Carley filed
Case: 26-1001 Document: 7 Page: 1 Filed: 12/15/2025

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CARLEY v. SAALWAECHTER INC. 2
a still-pending motion “[p]ursuant to 28 U.S.C. § 144,” Dkt.
No. 63 at 1, arguing, inter alia, that the dismissal was im-
proper, and, on September 25, 2025, she filed a notice of
appeal directed to this court. In response to this court’s
October 16, 2025 order directing the parties to address our
jurisdiction, appellees argue for dismissal or transfer to the
United States Court of Appeals for the Fifth Circuit. Nan-
nette Carley has not filed a response.
In general, we only have jurisdiction over an appeal
from a final district court decision in cases involving the
patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on re-
view to the district court from the United States Patent and
Trademark Office, see id. § 1295(a)(4)(C); and cases involv-
ing certain damages claims against the United States not
exceeding $10,000 in amount, id. §§ 1295(a)(2), 1346(a)(2).
Ms. Carley’s case does not fall within any of those catego-
ries, such that we lack jurisdiction over her appeal. We
further conclude that transfer to the United States Court
of Appeals for the Fifth Circuit is appropriate under the
circumstances of this case. See 28 U.S.C. §§ 41, 1291,
1294, 1631.1
Accordingly,
1 We leave any issues as to the timeliness of Ms. Car-
ley’s notice of appeal for the Fifth Circuit to resolve. See
Fed. R. App. P. 4(a)(4)(A), (B)(i).
Case: 26-1001 Document: 7 Page: 2 Filed: 12/15/2025

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CARLEY v. SAALWAECHTER INC. 3
IT IS ORDERED THAT:
This matter and all case filings are transferred to the
United States Court of Appeals for the Fifth Circuit pursu-
ant to 28 U.S.C. § 1631.
December 15, 2025
Date
FOR THE COURT
Case: 26-1001 Document: 7 Page: 3 Filed: 12/15/2025

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