SREIT Broad Vista Terrace, L.L.C. v. Andrew Aquila ( 2023 )

USCA4 Appeal: 23-1437 Doc: 41 Filed: 12/14/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1437
SREIT BROAD VISTA TERRACE, L.L.C.,
Plaintiff - Appellee,
v.
ANDREW A. AQUILA,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Claude M. Hilton, Senior District Judge. (1:23-cv-00295-CMH-WEF)
Submitted: November 16, 2023 Decided: December 14, 2023
Before NIEMEYER and AGEE, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Andrew A. Aquila, Appellant Pro Se. Alfredo Acin, OFFIT KURMAN, PA, Tysons
Corner, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-1437 Doc: 41 Filed: 12/14/2023 Pg: 2 of 2
PER CURIAM:
Andrew A. Aquila appeals the district court’s order remanding to the state court the
unlawful detainer action that Aquila had removed to the federal district court. Before
Aquila filed the notice of removal, the state court entered judgment of possession in favor
of SREIT Broad Vista Terrace, L.L.C. After the district court remanded the case, the
unlawful detainer action proceeded to final judgment in the state court. Therefore, even if
we were to review the order and conclude that the remand was in error, relitigation of the
unlawful detainer claim would be barred by the doctrine of res judicata. See Sykes v. Texas
Air Corp., 834 F.2d 488, 490-91 (5th Cir. 1987). Accordingly, we dismiss the appeal as
moot. See Fleet Feet, Inc. v. NIKE, Inc., 986 F.3d 458, 463 (4th Cir. 2021). We deny
Aquila’s motion to compel the transmission of the state court record to this court. 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.
DISMISSED
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