In the Matter of Norris
Citation | 499 F.3d 443 |
Decision Date | 22 August 2007 |
Docket Number | No. 04-51215. Summary Calendar.,04-51215. Summary Calendar. |
Parties | In the Matter of Thomas Eugene NORRIS, Sr.; Karen Lynn Norris; Debtors. Thomas Eugene Norris, Sr.; Karen Lynn Norris, Appellants, v. Johnny W. Thomas, Trustee, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Melvin R. Blumberg, San Antonio, TX, for Appellants.
Johnny W. Thomas, San Antonio, TX, pro se.
Appeal from the United States District Court for the Western District of Texas; Xavier Rodriguez, Judge.
Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.
Thomas and Karen Norris challenge the bankruptcy court's ruling, affirmed by the district court, that their boat does not qualify as a homestead in bankruptcy. On June 20, 2005 we certified the question to the Supreme Court of Texas, thus:
Does a motorized waterborne vessel, used as a primary residence and otherwise fulfilling all of the requirements of a homestead except attachment to land, qualify for the homestead exemption under Article 16, §§ 50 and 51 of the Texas Constitution?1
To continue reading
Request your trial- Data Mktg. P'ship, LP v. U.S. Dep't of Labor
-
Delon v. Eli Lilly & Co.
... ... that a trial is unnecessary because there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(a). As the current version of Rule 56 makes clear, whether a party asserts that a fact is undisputed or genuinely ... ...
-
House v. American United Life Ins. Co.
... ... See, e.g., Meredith, 980 F.2d at 353. However, where the factual circumstances are established as a matter of law or undisputed, we have treated the question as one of law to be reviewed de novo. See id. at 355. (stating our purpose as review of the ... ...