Filed: Apr. 05, 2019
Latest Update: Mar. 03, 2020
Summary: Case: 18-50279 Document: 00514904718 Page: 1 Date Filed: 04/05/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50279 FILED Summary Calendar April 5, 2019 Lyle W. Cayce Clerk THOMAS GEORGE WICKER, JR., Plaintiff-Third Party Defendant - Appellant v. SETERUS, INCORPORATED, Defendant-Third Party Plaintiff – Appellee v. ROCIO P. WICKER, Third Party Defendant - Appellant Appeal from the United States District Court for the Western Di
Summary: Case: 18-50279 Document: 00514904718 Page: 1 Date Filed: 04/05/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 18-50279 FILED Summary Calendar April 5, 2019 Lyle W. Cayce Clerk THOMAS GEORGE WICKER, JR., Plaintiff-Third Party Defendant - Appellant v. SETERUS, INCORPORATED, Defendant-Third Party Plaintiff – Appellee v. ROCIO P. WICKER, Third Party Defendant - Appellant Appeal from the United States District Court for the Western Dis..
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Case: 18-50279 Document: 00514904718 Page: 1 Date Filed: 04/05/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-50279 FILED
Summary Calendar April 5, 2019
Lyle W. Cayce
Clerk
THOMAS GEORGE WICKER, JR.,
Plaintiff-Third Party Defendant - Appellant
v.
SETERUS, INCORPORATED,
Defendant-Third Party Plaintiff – Appellee
v.
ROCIO P. WICKER,
Third Party Defendant - Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:17-CV-99
Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
PER CURIAM:*
Thomas Wicker (“Wicker”) appeals from the district court’s grant of
Seterus’ motion for summary judgment, dismissing of all of Wicker’s claims
with prejudice. The district court relied on the doctrine of res judicata in
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-50279 Document: 00514904718 Page: 2 Date Filed: 04/05/2019
No. 18-50279
dismissing Wicker’s claims. 1 On appeal, Wicker failed to challenge the district
court’s order on those grounds, either in the opening brief or the reply brief,
and thus has abandoned them. Cinel v. Connick,
15 F.3d 1338, 1345 (5th Cir.
1994).
Wicker also appeals the district court’s granting of summary judgment
as to Seterus’ counterclaim for breach of contract. Wicker admits to breach of
the contract in his own pleadings. The only possible factual dispute raised by
Wicker is Seterus’ alleged violation of Wicker’s right to reinstate by failing to
calculate the reinstatement figure or the remaining payments. However,
Seterus was not contractually obligated to fulfill either of these requests.
Additionally, Seterus went beyond its contractual obligation by supplying
Wicker with the reinstatement amount (although it did not supply, nor was it
required to supply, the monthly payment amount). There is no genuine dispute
as to any material fact regarding Wicker’s failure to comply with the contract.
FED. R. CIV. P. 56(a).
Therefore, the order of the district court is AFFIRMED.
1 This case is the fourth case that Wicker has filed arising from the attempted
foreclosure of the Calle Bonita Property and relating to this same loan agreement. Wicker v.
Seterus, Inc., No. EP-17-CV-99-DB,
2018 WL 4856771, at *1 (W.D. Tex. Oct. 4, 2018).
2