Roland Allen v. General Motors Corporation ( 2006 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
June 23, 2006
No. 05-12431 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 03-02462-CV-UWC-S
ROLAND ALLEN,
Plaintiff-Appellant,
versus
GENERAL MOTORS CORPORATION,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Alabama
_________________________
(June 23, 2006)
Before BLACK, BARKETT and KRAVITCH, Circuit Judges.
PER CURIAM:
Roland Allen, proceeding pro se, appeals the district court’s denial of his
products liability and breach-of-warranty claims against the defendant, General
Motors Corporation (“GM”).
Allen, a citizen of Alabama, brought a diversity action pursuant to 28 U.S.C.
§ 1332, against GM, a Michigan corporation, alleging breach of warranty,
negligence and manufacturing defect. According to the complaint, Allen
purchased a new Chevy Malibu containing the following defects: (1) the air
conditioner emitted an odor; (2) the exhaust pipe leaked; and (3) the car pulled on
one side when driven. In the statement of the facts section of his complaint, Allen
stated, “We feel that we will obtain a directed verdict in this case in favor of the
plaintiff [leaving] only the issue of damages for the jury.”
GM moved to dismiss the complaint for lack of jurisdiction, which the court
denied. Allen then clarified that he sought $97,000 in damages, sufficient to meet
§ 1332's jurisdictional amount requirement. Eventually, Allen filed a motion for
summary judgment, which the court also denied. Allen twice moved for a jury
trial, but his motions were untimely, and he received a bench trial. After the bench
trial, the court entered judgment in favor of GM, finding that there was no evidence
of any defect in the automobile other than Allen’s testimony and that Allen’s
testimony was not credible. Allen moved for a new trial by jury and filed his
notice of appeal. Allen, however, has failed to submit copies of the trial transcript.
2
On appeal, Allen argues that the court improperly denied his right to a trial
by jury and that it erred in its application of the law regarding his breach of
warranty claim.1
Jury Trial
Even construing Allen’s complaint liberally, as we must when a plaintiff
proceeds pro se, Allen’s mention of a jury determining damages in the statement of
facts section of his complaint does not constitute a demand for a jury trial. In
addition, Allen’s two motions demanding jury trials were filed more than ten days
after the last pleading in this case. See Fed. R. Civ. Pro. 38 (“Any party may
demand a trial by jury of any issue triable of right by a jury by . . . serving upon the
other parties a demand therefor in writing at any time after the commencement of
the action and not later than 10 days after the service of the last pleading directed
to such issue.”). Thus, Allen waived his right to a trial by jury. LaMarca v.
Turner, 995 F.2d 1526, 1545 (11th Cir. 1993). Allen’s pro se status does not
entitle him to liberal filing deadlines. See Wayne v. Jarvis, 197 F.3d 1098, 1104
(11th Cir. 1999). Accordingly, the district court properly denied Allen’s demand.
Breach of Warranty Claim
1
Allen only challenges the resolution of his breach of warranty claim. Because he offers
no argument on his other claims, he has abandoned them. Rowe v. Schreiber, 139 F.3d 1381,
1382 n.1 (11th Cir. 1998).
3
Allen failed to submit copies of the trial transcript with this appeal, which he
must do pursuant to Federal Rule of Appellate Procedure 10(b)(2). Id. (“If the
appellant intends to urge on appeal that a finding or conclusion is unsupported by
the evidence or is contrary to the evidence, the appellant must include in the record
a transcript of all evidence relevant to that finding or conclusion.”). The fact that
Allen proceeds pro se does not relieve him of this burden. See Loren v. Sasser, 309
F.3d 1296, 1304 (11th Cir. 2002). Because Allen failed to submit the trial
transcript, this court is unable to evaluate the basis of the district court’s judgment.
Accordingly, the decision of the district court is AFFIRMED.
4