Richard Goodin v. Fidelity National Title Insura , 370 F. App'x 789 ( 2010 )

FILED
NOT FOR PUBLICATION MAR 08 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICHARD B. GOODIN, No. 08-17265
Plaintiff - Appellant, D.C. No. 1:07-cv-00074-DAE-
BMK
v.
FIDELITY NATIONAL TITLE MEMORANDUM *
INSURANCE COMPANY, a California
corporation; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the District of Hawaii
David Alan Ezra, District Judge, Presiding
**
Submitted February 16, 2010
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
GT/Research
Richard B. Goodin appeals pro se from the district court’s summary
judgment and dismissal orders in this diversity action asserting claims of breach of
a title insurance contract and of legal malpractice arising out of a real property
dispute. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo.
Fanucchi & Limi Farms v. United Agri Prod., 414 F.3d 1075, 1080 (9th Cir. 2005)
(summary judgment); Crum v. Circus Circus Enters., 231 F.3d 1129, 1130 (9th
Cir. 2000) (dismissal for lack of subject matter jurisdiction). We affirm.
Summary judgment was proper on Goodin’s claims against his former
attorneys because Goodin failed to raise a triable issue as to whether these
defendants breached any legal duty they had to him. See Blair v. Ing, 21 P.3d 452,
464 (Haw. 2001) (explaining standard for establishing attorney malpractice).
Because Goodin failed to argue the issue, we do not consider the propriety
of the district court’s dismissal of his breach of contract claim for lack of subject
matter jurisdiction. See Acosta-Huerta v. Estelle, 7 F.3d 139, 144 (9th Cir. 1992)
(issues raised in pro se litigant’s brief but not supported by argument deemed
abandoned).
Goodin’s remaining contentions lack merit.
AFFIRMED.
GT/Research 2 08-17265