Reid Zeising, et al v. Michael Shelton, et al

Filing

UNPUBLISHED OPINION FILED. [14-30958 Affirmed ] Judge: TMR , Judge: JES , Judge: JEG Mandate pull date is 05/05/2015 [14-30958]

Case: 14-30958

Document: 00513004474

Page: 1

Date Filed: 04/14/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 14-30958
REID ZEISING; DIXIE RESTAURANT GROUP, L.L.C.,

FILED
April 14, 2015
Lyle W. Cayce
Clerk

Plaintiffs - Appellants
v.
MICHAEL A. SHELTON; SHELTON RESTAURANT GROUP, L.L.C.,
Defendants - Appellees

Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 1:12-CV-2614
Before REAVLEY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed because an enforceable oral
contract was not mutually agreed upon by these parties. The acquisition,
purchase and terms, of the 29 Popeye’s restaurants, how they would be
operated and what – if any – consideration and role Zeising would contribute,
was left wide open. At best, it could be said only that they agreed to agree, but
that is not an enforceable contract under Louisiana or Georgia law.

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-30958

Document: 00513004474

Page: 2

Date Filed: 04/14/2015

No. 14-30958
See McNeely v. Town of Vidalia, 102 So. 422, 423 (La. 1924); Moss v. Moss, 463
S.E.2d 9 (Ga. 1995). Likewise, Shelton did not have a contract with Dixie, nor
did he owe it a fiduciary duty. Ga. Code § 14-11-304(a).
AFFIRMED.

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