Clark v. Douglas

Full title: John S. CLARK, Individually and as Trustee of the John S. and Loretta J…

Court: United States Court of Appeals, Fifth Circuit

Date published: May 30, 2007

229 F. App'x 314 (5th Cir. 2007)

Opinion

No. 06-40364.

May 30, 2007.

Michael Patrick Kelly, Dallas, TX, Robert Arthur Brunig, Brunig Associates, Southlake, TX, for Plaintiff-Appellant.

Roger Dickert Sanders, Sanders, O'Hanlon Motley, Bryan H. Hutson, Sherman, TX, Cheryl Walker Douglas, Comfort, TX, Christi Johnson Kennedy, Michael W. Janecek, Tyler, TX, for Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Texas, 4:05-CV-290.

Before GARWOOD, SMITH, and DeMOSS, Circuit Judges.

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

The motion to vacate the judgment and to remand is DENIED. The alternative motion to remand is GRANTED in part. This matter is REMANDED for the limited purpose of conferring on the district court the jurisdiction to grant a rule 60(b) motion if that court wishes to do so. If that court grants the rule 60(b) motion, it may make findings. This court retains jurisdiction in the interim. We express no view on how the district court should rule on the rule 60(b) motion.