Green Tree Servicing, L.L.C., et al v. Marvell Ducksworth, et al


UNPUBLISHED OPINION FILED. [17-60109 Dismissed for Lack of Jurisdiction] Judge: CDK, Judge: JWE, Judge: SAH. [17-60109]

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Case: 17-60109 Document: 00514236929 Page: 1 Date Filed: 11/14/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-60109 Summary Calendar FILED November 14, 2017 Lyle W. Cayce Clerk GREEN TREE SERVICING, L.L.C.; WALTER INVESTMENT MANAGEMENT CORPORATION; BEST INSURORS, INCORPORATED; MID STATE CAPITAL, L.L.C.; MID STATE TRUST II; MID STATE TRUST III; MID STATE TRUST IV; MID STATE TRUST V; MID STATE TRUST VI; MID STATE TRUST VII; MID STATE TRUST VIII; MID STATE TRUST IX; MID STATE TRUST X; MID STATE TRUST XI; WILMINGTON TRUST COMPANY; MID-STATE CAPITAL CORPORATION 2004-1 TRUST; MIDSTATE CAPITAL CORPORATION 2005-1 TRUST; MID-STATE CAPITAL CORPORATION 2006-1 TRUST; MID-STATE CAPITAL TRUST 2010-1, Plaintiffs - Appellees v. MARVELL DUCKSWORTH; ROSLYN DUCKSWORTH, Defendants - Appellants Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:16-CV-48 Before KING, ELROD, and HIGGINSON, Circuit Judges. PER CURIAM:* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-60109 Document: 00514236929 Page: 2 Date Filed: 11/14/2017 No. 17-60109 This case presents an identical issue to one we recently addressed in Green Tree Servicing, L.L.C. v. Charles, 872 F.3d 637 (5th Cir. 2017): whether a district court’s order compelling arbitration and dismissing the case with prejudice constitutes a final appealable order when a case involving the same parties and essentially the same dispute is stayed in the district court pending arbitration. We held in Charles that the district court’s order was not a final appealable order, and we therefore dismissed for lack of jurisdiction. Id. at 639–40. We similarly DISMISS this case for lack of jurisdiction. 2

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