Eugene Harris, Ii; Tenekia L. Harris; Arthur of the Family Wittenberg Trustee v. Freedom Mortgage Corporation; Stan Moskowitz

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1655
EUGENE HARRIS, II; TENEKIA L. HARRIS; ARTHUR OF THE FAMILY
WITTENBERG TRUSTEE,
Plaintiffs - Appellants,
v.
FREEDOM MORTGAGE CORPORATION; STAN MOSKOWITZ,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Michael Stefan Nachmanoff, District Judge. (1:24-cv-00471-MSN-LRV)
Submitted: March 19, 2026 Decided: May 15, 2026
Before KING, THACKER, and BENJAMIN, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Eugene Harris, II, Tenekia L. Harris, Aruthur of the family Wittenberg Trustee, Appellants
Pro Se. David Tony Long, Jr., BRADLEY ARANT BOULT CUMMINGS LLP,
Washington, D.C., for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Appellants appeal the district court’s order dismissing with prejudice their civil
complaint for lack of subject matter jurisdiction. We have reviewed the record and find no
reversible error. However, we conclude that the complaint should have been dismissed
without prejudice. See S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at
Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013) (explaining that a dismissal based on
a “defect in subject matter jurisdiction . . . must be one without prejudice, because a court
that lacks jurisdiction has no power to adjudicate and dispose of a claim on the merits”).
Accordingly, we affirm the district court’s order as modified to reflect a dismissal
without prejudice. Harris v. Freedom Mortg. Corp., No. 1:24-cv-00471-MSN-LRV (E.D.
Va. June 21, 2024). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED AS MODIFIED

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