Leen v. Thomas

MEMORANDUM **

Plaintiffs-appellants Irvine and Aleta Leen appeal from the district court’s dismissal of their fourth amended complaint under Fed. R. Civ. P. 12(b)(6). As the parties are familiar with the facts, we do not recount them here. We have jurisdiction under 28 U.S.C. § 1291, and we vacate the judgment and remand the case with instructions.

1. Generally, “a federal appellate court does not consider an issue not passed upon below.” Singleton v. Wulff, 428 U.S. 106, 120, 96 S.Ct. 2868, 49 L.Ed.2d 826 (1976). Because the district court’s dismissal order omitted discussion of the Leens’…