NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY v. TEMPLO APOSENTO ALTO ASSEMBLY OF GOD, G-11-010. (2012)
Court: District Court, S.D. Texas
Number: infdco20120217b87
Visitors: 3
Filed: Feb. 16, 2012
Latest Update: Feb. 16, 2012
Summary: OPINION AND ORDER KENNETH M. HOYT, District Judge. Fearing that the Court's Final Judgment "could be misconstrued as a bar to Templo's claims against Nationwide" Defendant, Templo Aposento Alto Assembly of God, filed a Motion to Alter or Amend Judgment "to clarify that Templo's claims against Nationwide are not dismissed with prejudice." However, in its Order Adopting the Report and Recommendation of the Magistrate Judge, this Court struck Templo's counter-claim and dismissed only Nationwide
Summary: OPINION AND ORDER KENNETH M. HOYT, District Judge. Fearing that the Court's Final Judgment "could be misconstrued as a bar to Templo's claims against Nationwide" Defendant, Templo Aposento Alto Assembly of God, filed a Motion to Alter or Amend Judgment "to clarify that Templo's claims against Nationwide are not dismissed with prejudice." However, in its Order Adopting the Report and Recommendation of the Magistrate Judge, this Court struck Templo's counter-claim and dismissed only Nationwide'..
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OPINION AND ORDER
KENNETH M. HOYT, District Judge.
Fearing that the Court's Final Judgment "could be misconstrued as a bar to Templo's claims against Nationwide" Defendant, Templo Aposento Alto Assembly of God, filed a Motion to Alter or Amend Judgment "to clarify that Templo's claims against Nationwide are not dismissed with prejudice."
However, in its Order Adopting the Report and Recommendation of the Magistrate Judge, this Court struck Templo's counter-claim and dismissed only Nationwide's declaratory judgment action. Accordingly, there is nothing the Court has done that could be "misconstrued."
It is, therefore, the ORDER of this Court that "Templo's Motion to Alter or Amend Judgment Pursuant to Rule 59(e) of the Federal Rules of Civil Procedure" (Instrument no. 30) is DENIED.
Source: Leagle
