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Nelson v. Jackson

United States District Court, Middle District of Georgia
Sep 3, 2021
3:20-CV-28 (CAR) (M.D. Ga. Sep. 3, 2021)

Opinion

3:20-CV-28 (CAR)

09-03-2021

BRETT-ANDREW NELSON, Plaintiff, v. DONALD CORWIN JACKSON, LORI BETH TALBOT, ASHLEY MORGAN BURGEMEISTER, and KERI ANN YODER, Defendants.


ORDER ON REMAND FROM THE ELEVENTH CIRCUIT COURT OF APPEALS

C. ASHLEY ROYAL, SENIOR JUDGE UNITED STATES DISTRICT COURT

This case is before the Court upon remand from the Eleventh Circuit Court of Appeals. In its previous order [Doc. 58], the Court granted Defendants' motion to dismiss with prejudice under Fed.R.Civ.P. 12(b)(6) for failure to state a claim because neither Nelson's filings nor the purported arbitration award indicated that a valid contract ever existed between the parties. Nelson appealed, and the Eleventh Circuit Court of Appeals found that the Court lacked subject-matter jurisdiction over Nelson's petition to confirm the arbitration award because he asserted jurisdiction based solely on the Federal Arbitration Act (“FAA”), 9 U.S.C. § 9; the FAA does not create subject-matter jurisdiction on its own; rather, it requires an independent jurisdictional foundation. Thus, this Court erred in dismissing Nelson's petition with prejudice for failure to state a claim. The Court of Appeals vacated the order and remanded the case for this Court to dismiss Nelson's petition without prejudice for lack of subject matter jurisdiction [Docs. 66].

The Eleventh Circuit has issued its mandate [Doc. 67], and Nelson's Petition to Confirm Arbitration Award is hereby DISMISSED without prejudice for lack of subject matter jurisdiction.

SO ORDERED.


Summaries of

Nelson v. Jackson

United States District Court, Middle District of Georgia
Sep 3, 2021
3:20-CV-28 (CAR) (M.D. Ga. Sep. 3, 2021)
Case details for

Nelson v. Jackson

Case Details

Full title:BRETT-ANDREW NELSON, Plaintiff, v. DONALD CORWIN JACKSON, LORI BETH…

Court:United States District Court, Middle District of Georgia

Date published: Sep 3, 2021

Citations

3:20-CV-28 (CAR) (M.D. Ga. Sep. 3, 2021)