Green Tree Servicing, L. L.C. v. Charles, No. 17-60165 Summary Calendar.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtCARL E. STEWART, Chief Judge
Citation872 F.3d 637
Decision Date29 September 2017
Docket NumberNo. 17-60165 Summary Calendar.
Parties GREEN TREE SERVICING, L.L.C.; Walter Investment Management Corporation, Plaintiffs–Appellees v. Anthony CHARLES, Defendant–Appellant

872 F.3d 637

GREEN TREE SERVICING, L.L.C.; Walter Investment Management Corporation, Plaintiffs–Appellees
v.
Anthony CHARLES, Defendant–Appellant

No. 17-60165 Summary Calendar.

United States Court of Appeals, Fifth Circuit.

September 29, 2017


Kaytie Michelle Pickett, Esq., Adam Stone, Jones Walker, L.L.P., Jackson, MS, for Plaintiff–Appellee.

Mitchell Dee Thomas, Esq., Logan & Mayo, P.A., Newton, MS, Peter Emmanuel Ferraro, Ferraro Law Firm, Austin, TX, Jeffery P. Reynolds, Esq., Senior Attorney, Jeffery P. Reynolds, P.A., Jackson, MS, for Defendant–Appellant.

Before STEWART, Chief Judge, and ELROD and HIGGINSON, Circuit Judges.

CARL E. STEWART, Chief Judge:

This case involves two separate civil actions involving the same parties and essentially the same dispute. Defendant-Appellant Anthony Charles initially brought a lawsuit against Plaintiffs-Appellees Green Tree Servicing, L.L.C. ("Green Tree") and Walter Investment Management Corporation ("Walter Investment") in Mississippi state court ("Charles I "). Charles I was subsequently removed to federal court on diversity jurisdiction and is currently stayed pending arbitration. Before the district court stayed the proceedings in Charles I , Green Tree and Walter Investment moved as plaintiffs in a separate action against Charles ("Charles II" ) to compel him to participate in arbitration for the claims that he brought against them in Charles I . The district court in Charles II granted the motion to compel arbitration, ordered that the proceedings in Charles I be stayed as to the claims against Green Tree and Walter Investment, and entered judgment dismissing Charles II with prejudice. Charles now appeals Charles II . We dismiss for lack of appellate jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

In March 2007, Charles, a Texas citizen, contracted with Jim Walters Homes, Inc. ("Jim Walters Homes") for the construction and financing of a home in Mississippi. Despite the arbitration clause in the agreement between the parties, Charles brought suit in Mississippi state court against Jim Walters Homes, its parent company Walter Energy, Inc. ("Walter Energy"), his mortgage servicer Green Tree, its parent company Walter Investment, and other defendants, i.e. , Charles I . In this suit, Charles alleged claims of civil conspiracy, joint venture and vicarious liability, negligence, gross negligence, and fraud against Green Tree and Walter Investment relating to the construction of his home.

Charles I was subsequently removed to federal court on the basis of diversity jurisdiction in March 2015. The district court administratively closed Charles I in July 2015 due to the decision of Jim Walters Homes and Walter Energy to file for bankruptcy.

In January 2016, Green Tree and Walter Investment filed a separate action, i.e. , Charles II , against Charles to move to compel his participation in arbitration under Section 4 of the Federal Arbitration Act ("FAA") and to stay the proceedings as to Green Tree and Walter Investment in Charles I . After the filing of Charles II , the district court reopened Charles I in September 2016. Subsequently, in February 2017, the district court granted Green Tree and Walter Investment's motion to compel arbitration. The district court then dismissed Charles II and stated that "each party may move to re-open this case if further judicial intervention is necessary to...

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19 practice notes
  • Bertling v. Westrup, Civil Action No. SA-18-CV-563-XR
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • 16 Octubre 2018
    ...Additionally, courts must examine the basis of jurisdiction, on their own motion if necessary. Green Tree Servicing, L.L.C. v. Charles, 872 F.3d 637, 639 (5th Cir. 2017) (citing Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000)). As the Magistrate Judge correctly concluded, Pl......
  • Servicing v. Henry House, No. 17-60164
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 14 Mayo 2018
    ..., No. 17-60105.2 Rule 11(b), JAMS Comprehensive Arbitration Rules & Procedures (2014).3 See Green Tree Servicing, L.L.C. v. Charles , 872 F.3d 637 (5th Cir. 2017) ; CitiFinancial Corp. v. Harrison , 453 F.3d 245 (5th Cir. 2006).4 9 U.S.C. § 16(a)(3).5 Green Tree Fin. Corp.–Ala. v. Randolph ......
  • Celadon Trucking Servs., Inc. v. Moser, CIVIL ACTION NO. 4:19-CV-375
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • 4 Septiembre 2019
    ...515 (5th Cir. 2018) (citing Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000)); see Green Tree Servicing, L.L.C. v. Charles, 872 F.3d 637, 639 (5th Cir. 2017); Charles v. Atkinson, 826 F.3d 841, 842 (5th Cir. 2016); Bernhard v. Whitney Nat'l Bank, 523 F.3d 546, 550 (5th Cir. 2......
  • Edwards v. Doordash, Inc., No. 17-20082
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 25 Abril 2018
    ...litigation on the merits and leaves nothing more for the court to do but execute the judgment." Green Tree Servicing, L.L.C. v. Charles , 872 F.3d 637, 639 (5th Cir. 2017) (quoting Green Tree Fin. Corp.–Ala. v. Randolph , 531 U.S. 79, 86, 121 S.Ct. 513, 148 L.Ed.2d 373 (2000) ). Here, the d......
  • Request a trial to view additional results
19 cases
  • Bertling v. Westrup, Civil Action No. SA-18-CV-563-XR
    • United States
    • United States District Courts. 5th Circuit. Western District of Texas
    • 16 Octubre 2018
    ...Additionally, courts must examine the basis of jurisdiction, on their own motion if necessary. Green Tree Servicing, L.L.C. v. Charles, 872 F.3d 637, 639 (5th Cir. 2017) (citing Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000)). As the Magistrate Judge correctly concluded, Pl......
  • Servicing v. Henry House, No. 17-60164
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 14 Mayo 2018
    ..., No. 17-60105.2 Rule 11(b), JAMS Comprehensive Arbitration Rules & Procedures (2014).3 See Green Tree Servicing, L.L.C. v. Charles , 872 F.3d 637 (5th Cir. 2017) ; CitiFinancial Corp. v. Harrison , 453 F.3d 245 (5th Cir. 2006).4 9 U.S.C. § 16(a)(3).5 Green Tree Fin. Corp.–Ala. v. Randolph ......
  • Celadon Trucking Servs., Inc. v. Moser, CIVIL ACTION NO. 4:19-CV-375
    • United States
    • United States District Courts. 5th Circuit. United States District Court of Eastern District Texas
    • 4 Septiembre 2019
    ...515 (5th Cir. 2018) (citing Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000)); see Green Tree Servicing, L.L.C. v. Charles, 872 F.3d 637, 639 (5th Cir. 2017); Charles v. Atkinson, 826 F.3d 841, 842 (5th Cir. 2016); Bernhard v. Whitney Nat'l Bank, 523 F.3d 546, 550 (5th Cir. 2......
  • Edwards v. Doordash, Inc., No. 17-20082
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 25 Abril 2018
    ...litigation on the merits and leaves nothing more for the court to do but execute the judgment." Green Tree Servicing, L.L.C. v. Charles , 872 F.3d 637, 639 (5th Cir. 2017) (quoting Green Tree Fin. Corp.–Ala. v. Randolph , 531 U.S. 79, 86, 121 S.Ct. 513, 148 L.Ed.2d 373 (2000) ). Here, the d......
  • Request a trial to view additional results

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