PER CURIAM . * The attorney appointed to represent Jose Gomez-Rocha has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Gomez-Rocha has moved for leave to file an out of time response. We grant Gomez-Rocha's motion and have considered his response. Gomez-Rocha's request for appointment of a new appellate attorney is untimely and is denied. See United States v....
PER CURIAM . * Pan American Life Insurance Company (Pan Am) 1 and Louisiana Acquisition Corporation (LAC) formed a partnership to build and operate a luxury New Orleans hotel. The two partners developed bad blood while contemplating the breakup of the partnership and the sale of the hotel, which led to this protracted lawsuit. Pan Am appeals from the district court's grants of summary judgment in LAC's favor, first partially in 2016 and again in 2017. We AFFIRM. I. Pan Am and LAC formed...
LESLIE H. SOUTHWICK , Circuit Judge : The plaintiff appeals from a summary judgment dismissing his suit. The threshold question presented is whether the district court properly denied the motion to remand this action to state court due to the absence of diversity jurisdiction. There was error. We VACATE the judgment and REMAND with instructions that the district court remand the case to state court. FACTS AND PROCEDURAL HISTORY The plaintiff, Oscar Cumpian, appellant here, brought suit...
PER CURIAM . * I. This case comes before us on a Petition for Writ of Mandamus. Having reviewed the briefs and the record, after full oral argument, we deny the petition without prejudice, for the reasons to be explained. The underlying case is a dispute over control of the governance of the Jackson-Medgar Wiley Evers International Airport. The Jackson Municipal Airport Authority (JMAA) currently manages and operates the airport, but control would be transferred to a new board by virtue...
PER CURIAM . I. This case comes before us on a Petition for Writ of Mandamus. Having reviewed the briefs and the record, after full oral argument, we deny the petition without prejudice, for the reasons to be explained. The underlying case is a dispute over control of the governance of the Jackson-Medgar Wiley Evers International Airport. The Jackson Municipal Airport Authority (JMAA) currently manages and operates the airport, but control would be transferred to a new board by virtue of...
PER CURIAM . * Juventino Mendoza Soto was convicted of attempted illegal reentry and false personation in immigration matters. The district court sentenced him to 33 months in prison. He seeks to appeal his sentence. We may consider the instant appeal even though Mendoza Soto failed to file a timely notice of appeal because the Government has waived the issue. See United States v. Martinez, 496 F.3d 387 , 388 (5th Cir. 2007). Mendoza Soto argues that the district court erred in...
PER CURIAM . * This case arises out of a motor-vehicle collision between Stephen Helpert and Steven Walsh. Although Walsh admitted the accident was his fault, a jury found he was not negligent. Helpert now appeals the district court's denial of his motion for directed verdict and the subsequent denial of his motion for new trial. We AFFIRM. I The accident occurred in Corpus Christi on July 17, 2014. Walsh, a pilot in the U.S. Coast Guard, was in town to inspect an airplane-housing...
PER CURIAM . * David Keith Wills is presently awaiting trial in federal district court on one count of aiding and abetting the trafficking of a person under the age of 14 and one count of conspiring to traffic a person under the age of 14 for commercial sex acts. Wills moved to dismiss the charges on the grounds that he was being subjected to punishment in federal court for the same actions for which he was punished in state court, in violation of the Double Jeopardy Clause. Although he had...
PER CURIAM . * The attorney appointed to represent Sonia Morgan has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Morgan has filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as Morgan's response. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate...
PER CURIAM . * This case asks us to consider the narrow question of whether a contract between an insurer and a physician bars recovery of attorneys' fees. Dr. Ferrari, an in-network physician with Aetna Life Insurance Company ("Aetna") sued Aetna for breach of an Independent Practice Association Agreement (the "IPA") and violations of the Texas Insurance Code. Ferrari appeals the district court's decision that the IPA precluded him from recovering attorneys' fees pursuant to Section 38.001...
PER CURIAM . * AFFIRMED. See Fifth Cir. R. 47.6. FootNotes * 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.
PER CURIAM . * Plaintiffs-Appellees in this class action case ("Plaintiffs") are royalty owners who allege that Defendant-Appellant, Devon Energy Production Company, L.P. ("DEPCO"), breached its royalty obligations by violating the duty to market implied in the class members' mineral leases. According to Plaintiffs, DEPCO breached this duty by selling the raw, unprocessed gas to its corporate affiliate at the wellheads at a price artificially reduced by an unreasonably high processing fee....
PER CURIAM . * The attorney appointed to represent Jesus Humberto Esquivel has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Esquivel has not filed a response. While counsel addresses the validity of the appeal waiver in Esquivel's plea agreement, counsel does not discuss the district court's compliance with Federal Rule of Criminal Procedure 11. An appellate...
PER CURIAM . * The attorney appointed to represent Anthony Glover has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Glover has filed a response and a request for appointment of new counsel. We have reviewed counsel's brief and the relevant portions of the record reflected therein, as well as Glover's response. We concur with counsel's assessment that the...
PER CURIAM . * The attorney appointed to represent Joel Lomas-Torres has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Lomas-Torres has not filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review....
PER CURIAM . * The attorney appointed to represent Joel Lomas-Torres has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Lomas-Torres has not filed a response. We have reviewed counsel's brief and the relevant portions of the record reflected therein. We concur with counsel's assessment that the appeal presents no nonfrivolous issue for appellate review....
PER CURIAM . * In 2012, Respondents 1 obtained a judgment against Oleg Jankovic, now exceeding over $13 million. Since that time, they have engaged in post-trial discovery without success in collecting on the judgment. Pertinent to this mandamus petition, they have repeatedly attempted to obtain Jankovic's business entities' tax returns covering the last eight years. The district court concluded that Jankovic has been uncooperative with those efforts. In July 2017, the district court...
STEPHEN A. HIGGINSON , Circuit Judge . * Leticia Mogollan-Pasten is a native and citizen of Mexico. She sought entry into the United States on November 29, 1992, claiming to be a United States Citizen. She lacked valid entry documents, however, and was detained for being possibly excludable as either an alien seeking admission by means of fraud or as an alien seeking admission without valid entry documents. See 8 U.S.C. 1182(a)(6)(C) & (7)(A). In an interview later that day, she...
PER CURIAM . * Philippe Tanguy, 13,500 Air Express, L.L.C., 13,500 Air Express, L.P., and PTRE Holdings, L.P. (collectively, "Appellants") appeal the order of the United States Bankruptcy Court for the Southern District of Texas authorizing the trustee sale of real property, ultimately executed by Trustee-Appellee William West. Because Appellants have abandoned their challenge to the district court's opinion and, alternatively, Appellants' claims are moot, we AFFIRM. I. Background On...
PER CURIAM : The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified not having voted in favor (Fed. R. App P. 35 and 5th Cir. R. 35), the Petition for Rehearing En Banc is DENIED. In the en banc poll, seven judges voted in favor of rehearing (Judges Jones, Smith, Elrod, Willett, Ho, Duncan, and Engelhardt) and eight judges voted against rehearing (Chief Judge Stewart and Judges Dennis, Owen,...
