Raquel Downing v. Cook Brothers Funeral Directors
CourtCourt of Appeals for the Eleventh Circuit
Date FiledOctober 22, 2026
Docket25-14108
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-14108
Non-Argument Calendar
____________________
RAQUEL DOWNING,
Plaintiff-Appellant,
versus
COOK BROTHERS FUNERAL DIRECTORS,
PARROTT FUNERAL HOME,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Northern District of Georgia
D.C. Docket No. 1:24-cv-02910-WMR
____________________
Before JILL PRYOR, NEWSOM, and BRANCH, Circuit Judges.
PER CURIAM:
Raquel Downing, proceeding pro se, appeals the district
court’s order granting summary judgment to defendants Cook
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2 Opinion of the Court 25-14108
Brothers Funeral Directors and Parrott Funeral Home,1 as well as
the district court’s order directing Downing to pay sanctions to
each. Because we find no merit to Downing’s objections on appeal,
we affirm.
I
This case arises out of the death of Downing’s father and the
handling of his remains. After Mr. Downing died, Downing hired
Cook Brothers to preserve her father’s remains and facilitate the
body’s transport to New York. But Downing falsely represented to
Cook Brothers that her father was unmarried and that she was le-
gally authorized to make his arrangements. Soon after, Cook
Brothers was contacted by Angela Brathwaite-Bussey, Mr. Down-
ing’s widow, who proved that she was, in fact, married to Mr.
Downing at the time of his death. Bussey then ordered the body
cremated. Cook Brothers obliged and transferred the body to the
West Georgia Crematory, where the body was cremated. Parrott,
meanwhile, never took possession of Mr. Downing’s body or pro-
vided any services related to its disposition.
Upon learning that her father’s remains were cremated
against her wishes, Downing filed a pro se complaint in the United
States District Court for the Northern District of Georgia that
brought state law tort, breach-of-contract, and consumer protec-
1 Throughout the record, “Parrott” is sometimes spelled with only one “t”
(i.e., “Parrot”). We opt to spell it as Parrott itself does in its briefing—that is,
with two t’s.
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25-14108 Opinion of the Court 3
tion claims against Cook Brothers and Parrott, seeking compensa-
tory and punitive damages. Parrott timely filed an answer that dis-
claimed any involvement. It attached several exhibits demonstrat-
ing its lack of involvement, and it moved for summary judgment
and Rule 11 sanctions. Cook Brothers also answered. It admitted
that it had Mr. Downing’s remains cremated at Bussey’s behest, but
maintained that Bussey—the surviving spouse—was entitled to di-
rect the disposal of Mr. Downing’s remains under Georgia statu-
tory law. See Ga. Code Ann. § 31-21-7.
Shortly thereafter, Downing moved for default judgment,
claiming that Cook Brothers and Parrott failed to timely answer the
complaint. The problem, of course, is that both defendants had
filed timely answers. Cook Brothers and Parrott therefore re-
sponded to Downing’s motion for default and noted their timely
answers. When Cook Brothers and Parrott alerted Downing of
their timely answers, Downing refused to withdraw her motion, so
both defendants moved for Rule 11 sanctions. The district court
imposed Rule 11 sanctions on Downing, awarded fees to Parrott
under Ga. Code Ann. § 9-11-68, and granted Parrott’s motion for
summary judgment.
Cook Brothers then moved for summary judgment. To its
motion, it attached: a Fulton County marriage license application
and certificate showing Mr. Downing and Bussey were married in
April 2019; Mr. Downing’s death certificate showing that he died
July 3, 2022; an order from the Fulton County Probate Court stat-
ing that Mr. Downing was survived by Bussey; and an affidavit
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from an employee, stating (1) that Downing had contacted Cook
Brothers about embalming and transporting Mr. Downing’s body,
(2) that Bussey then reached out and claimed to be the surviving
spouse—a fact that Cook Brothers independently verified, and (3)
that Cook Brothers and Downing never entered into a valid con-
tract.
Based on that evidence, Cook Brothers argued that it was
entitled to summary judgment because the undisputed material
facts demonstrated that Bussey was the only person authorized to
direct the disposition of Mr. Downing’s remains. Under Georgia
law, a decedent’s spouse has primary authority to determine the
disposition of the deceased’s remains. See Ga. Code Ann. §§ 31-21-
7(b)(3)–(4). And because a probate court had held that Bussey was
Mr. Downing’s surviving spouse, collateral estoppel precluded
Downing from arguing otherwise in federal court. In any event,
funeral homes are also entitled to rely in good faith on representa-
tions made by people who the funeral home reasonably believes
hold the right of disposition. See Ga. Code Ann. §§ 31-21-7(e)–(f ).
And Downing had produced no evidence that the marriage was dis-
solved or invalid or that she had ever entered into a valid contract
with Cook Brothers.
The district court granted Cook Brothers’s motion for sum-
mary judgment. It relied chiefly on the fact that Cook Brothers
possessed statutory immunity under Georgia law, see Ga. Code
Ann. § 31-21-7(f ), for relying in good faith on Bussey’s representa-
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tion that she had the right to determine the disposition of Dece-
dent’s remains. It alternatively held that the probate court order
precluded Downing from contesting whether Bussey was Mr.
Downing’s surviving spouse, and a person’s surviving spouse has a
superior right to a person’s children to determine the disposition
of that person’s remains. This fact rendered any contract between
Cook Brothers and Downing unenforceable as contrary to Georgia
law and precluded any argument that Cook Brothers breached a
duty to Downing by following Bussey’s instructions. As to Down-
ing’s remaining claims, the district court held that she had failed to
make a prima facie case.
On appeal, Downing contests the district court’s award of
summary judgment to Parrott and Cook Brothers, as well as the
assessment of sanctions against her for requesting default judg-
ment.
II
We review the grant of summary judgment de novo, draw-
ing all inferences in the light most favorable to the non-moving
party. Jarrard v. Sheriff of Polk Cnty., 115 F.4th 1306, 1315 n.9 (11th
Cir. 2024).
We review the imposition of sanctions for abuse of discre-
tion. Huggins v. Lueder, Larkin & Hunter, LLC, 39 F.4th 1342, 1345
(11th Cir. 2022). Arguments not raised in the district court are re-
viewable only for plain error. Teel v. Lozada, 99 F.4th 1273, 1287
n.4 (11th Cir. 2024). To reverse under plain error, we must find
(1) an error that is (2) plain and that has (3) affected the objecting
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party’s substantial rights. Yates v. Pinellas Hematology & Oncology,
P.A., 21 F.4th 1288, 1297–98 (11th Cir. 2021). Then, “we ask
whether the forfeited error seriously affects the fairness, integrity,
or public reputation of judicial proceedings.” Id. at 1297. Ulti-
mately, our “decision under plain error review is discretionary.” Id.
at 1298.
III
A
Summary judgment first. Summary judgment is appropri-
ate “if the movant shows that there is no genuine dispute of mate-
rial fact and the movant is entitled to judgment as a matter of law.”
Fed. R. Civ. P. 56(a).
At the outset, Downing has abandoned any issue on appeal
relating to the grant of summary judgment to Parrott because she
has not raised any challenge to the district court’s holding that Par-
rott was an improper party to be sued. 2 Accordingly, we affirm the
district court’s grant of summary judgment to Parrott. See Sapuppo
v. Allstate Floridian Ins. Co., 739 F.3d 678, 682–83 (11th Cir. 2014).
With respect to Cook Brothers, Downing levies a series of
threshold procedural objections to the district court’s adjudication
2 “Although a pro se litigant’s filings are construed liberally, they must comply with
procedural rules.” McNair v. Johnson, 143 F.4th 1301, 1307 (11th Cir. 2025). “Typi-
cally, issues not raised in the initial brief on appeal are deemed abandoned.” United
States v. Campbell, 26 F.4th 860, 871 (11th Cir. 2022) (en banc).
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of Cook Brothers’s motion for summary judgment. None is per-
suasive.
First, Downing contends that the district court’s order en-
tering summary judgment was never served on her. But even if
that was true, she never explains how this entitles her to relief. And
to the extent that she may have been prejudiced by her inability to
file an appeal, she was already granted relief when her notice of
appeal was deemed timely, thus mooting the issue.
Second, Downing contends that the district court erred by
issuing its order a month before it said it would. But she cites to
nothing in the record that shows that the district court made such
an assurance; and even if the district court did, she provides no legal
authority showing that the order would then be erroneous.
Third, Downing contends that she was denied the oppor-
tunity to conduct discovery. But nowhere in her response to Cook
Brothers’s motion for summary judgment did she file an affidavit
or declaration stating what additional discovery she would need to
oppose its motion; instead, she opposed it on the merits. That stra-
tegic decision forecloses her claim. “[T]he party opposing the mo-
tion for summary judgment bears the burden of calling to the dis-
trict court’s attention any outstanding discovery,” and opposing
the motion for summary judgment on the merits accedes “to the
entry of judgment on any issue raised in the motion for summary
judgment based on the existing record.” City of Miami Gardens v.
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Wells Fargo & Co., 931 F.3d 1274, 1286–88 (11th Cir. 2019). There-
fore, Downing failed to carry her burden and acceded to the entry
of summary judgment on the issue of liability. Id.
Downing’s more substantive objections to the district
court’s summary judgment award also fail.
Downing repeatedly asserts that the district court erred by
crediting Cook Brothers’s evidence and not her own. But the dis-
trict court did so only because Downing failed to respond to Cook
Brothers’s statement of material facts. Under the district court’s
local rules, the party responding to a motion for summary judg-
ment must provide a response to the movant’s statement of undis-
puted facts that “contain[s] individually numbered, concise, nonar-
gumentative responses corresponding to each of the movant’s
numbered undisputed material facts.” N.D. Ga. R. 56.1(B)(2)(a)(1).
Failure to do so results in the movant’s facts being admitted. Id.
56.1(B)(2)(a)(2). We have blessed the application of similar local
rules before and defer to a district court’s application of its own
local rules. Joyce v. Forest River, Inc., 172 F.4th 1327, 1330–31 (11th
Cir. 2026).
Here, even liberally construing Downing’s filings, she did
not file a conforming document under Local Rule 56.1. Downing
filed two documents in opposition to Cook Brothers’s motion for
summary judgment, but neither of them presented enumerated
statements corresponding to Cook Brothers’s statement of facts.
The closest thing Downing provided was a three-page section of
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her memorandum labelled “Deficiencies in the Statement of Un-
disputed Material Facts.” But this, too, did not comply with Local
Rule 56.1, because nothing in this section directly contradicted
Cook Brothers’s alleged facts, stated a valid objection to their ad-
missibility, or rendered them unsupported or inadmissible. See
N.D. Ga. R. 51.1(B)(2)(a)(2). Because Downing has not shown that
the district court made a clear error of judgment in deeming Cook
Brothers’s facts admitted, the district court did not abuse its discre-
tion in interpreting and applying its local rules. See Joyce, 172 F.4th
at 1330.
Relying on Cook Brothers’s statement of material facts, the
district court correctly granted summary judgment. Cook Broth-
ers was entitled to rely in good faith on Bussey’s instructions to
cremate Mr. Downing’s remains. The assurances provided by Bus-
sey and the Fulton County courts gave Cook Brothers a good-faith
basis to believe that Bussey was, in fact, Mr. Downing’s surviving
spouse. Because Downing’s claims against Cook Brothers follow
from Cook Brothers’s decision to cremate Mr. Downing’s remains
at Bussey’s behest, Ga. Code Ann. § 31-21-7(f)’s good-faith provi-
sion entitled Cook Brothers to summary judgment on all of Down-
ing’s claims. Because § 31-21-7(f) provides a sufficient basis for
granting summary judgment on all of Downing’s claims against
Cook Brothers’s, we do not address the district court’s alternative
bases for granting summary judgment. Cf. PDK Labs., Inc. v. U.S.
DEA, 362 F.3d 786, 799 (D.C. Cir. 2004) (Roberts, J., concurring in
part and in the judgment) (“[I]f it is not necessary to decide more,
it is necessary not to decide more.”).
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* * *
In sum, as to Parrott, Downing acquiesced to the district
court’s grant of summary judgment by failing to meaningfully raise
it on appeal. As to Cook Brothers, Downing’s asserted procedural
errors do not provide a basis for vacatur, the district court did not
abuse its discretion in deeming Cook Brothers’s facts admitted on
summary judgment, and the district court did not err in finding that
Cook Brothers was entitled to statutory immunity under Georgia
law for relying on Bussey’s instructions. Accordingly, we affirm
the district court’s grant of summary judgment.
B
Next, sanctions. Federal Rule of Civil Procedure 11 allows
a district court to impose sanctions against an attorney who files
frivolous pleadings or motions. Rule 11’s standard is objective. It
assesses “reasonableness under the circumstances” and asks “what
was reasonable to believe at the time” the potentially sanctionable
motion was submitted. Baker v. Alderman, 158 F.3d 516, 524 (11th
Cir. 1998). Thus, we undertake a two-step inquiry: “(1) whether
the party’s claims [in the motion] are objectively frivolous; and
(2) whether the person who signed the [motion] should have been
aware that they were frivolous.” Id. Rule 11 applies with equal
force to pro se litigants. Fed. R. Civ. P. 11(b), (c)(1); Patterson v.
Aiken, 841 F.2d 386, 386–88 (11th Cir. 1988) (affirming Rule 11 sanc-
tions against a pro se litigant). But we must consider the litigant’s
pro se status when considering whether her actions were reasona-
ble. Harris v. Heinrich, 919 F.2d 1515, 1516 (11th Cir. 1990).
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25-14108 Opinion of the Court 11
Downing’s motion for default was patently frivolous. But
she nonetheless raises one noteworthy argument against the impo-
sition of sanctions. She maintains on appeal that Cook Brothers
and Parrott did not comply with the provision of Rule 11 that re-
quires that a motion for sanctions be “made separately from any
other motion” and afford her 21 days to cure the defect. Fed. R.
Civ. P. 11(c)(2). That is true, but Downing did not make this argu-
ment in her initial response to the sanctions. Accordingly, it is
waived and we review it only for plain error. Mike Ousley Prods.,
Inc. v. WJBF-TV, 952 F.2d 380, 383 n.4 (11th Cir. 1992).
We hold that, despite the district court’s legal error in failing
to apply Rule 11(c)(2), Downing cannot meet the plain-error stand-
ard on appeal. The district court’s error did not affect her substan-
tial rights or “seriously affects the fairness, integrity[,] or public rep-
utation of judicial proceedings,” Yates, 21 F.4th at 1297–98, because
Downing never withdrew her motion for default—even though
Cook Brothers and Parrott notified Downing of her incorrect con-
clusion that neither had timely filed an answer. Accordingly, we
cannot conclude that more scrupulous adherence to Rule 11(c)(2)
would have likely yielded a different outcome. We therefore af-
firm the district court’s award of sanctions.
The district court also awarded attorney’s fees to Parrott un-
der Ga. Code Ann. § 9-11-68 as compensation for the expenses it
incurred in responding to Downing’s frivolous filings. A claim is
frivolous if it “lack[ed] substantial justification” or there was “such
a complete absence of any justiciable issue of . . . fact that it could
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not be reasonably believed that a court would accept the asserted
claim . . . or other position. Ga. Code Ann. § 9-11-68(e)(1)(A)–(B).
A federal court sitting in diversity and applying Georgia substantive
law may award fees under § 9-11-68. Showan v. Pressdee, 922 F.3d
1211, 1223–25 (11th Cir. 2019). And unlike Rule 11, § 9-11-68 has
no safe-harbor provision. Accordingly, Downing’s only plausible
argument against the imposition of sanctions does not apply to the
sanctions levied under § 9-11-68. Furthermore, based on our own
independent assessment of the record, we find no reason to con-
clude that the district court abused its discretion in awarding fees
to Parrott under § 9-11-68. We therefore uphold the district court’s
fee award to Parrott.
IV
Finding no merit to Downing’s claims on appeal, we affirm
the district court’s grants of summary judgment and sanctions.
AFFIRMED.