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


UNPUBLISHED OPINION FILED.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

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2

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