Paragould Arkansas, City of v. Watkins et al

Filing 43

ORDER denying 37 Defendants/Third-Party Plaintiffs' Motion to Set Aside Judgment Based on Fraud & 39 Motion for Order to Amend Findings, etc. The request that the Court clarify who is appellant & appellee is DENIED AS MOOT, because the Orde r remanding this case is not reviewable on appeal. Since this case was remanded to the Circuit Court of Greene County, Arkansas, Civil Division, on October 26, 2009, the Clerk of the Court is directed to no longer accept filings from Defendants/Third-Party Plaintiffs in this case. Signed by Judge William R. Wilson, Jr on 11/24/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CITY OF PARAGOULD, ARKANSAS VS. CONNIE BURNS WATKINS and RICHARD WATKINS VS. MIKE GASKILL, et al. ORDER Defendants/Third-Party Plaintiffs' Motion to Set Aside the Judgment Based on Fraud (Doc. No. 37) and Motion to Amend Findings, etc. (Doc. No. 39) are DENIED. Their request that the Court clarify who is appellant and appellee is DENIED as MOOT, because the Order remanding this case is not reviewable on appeal.1 Since this case was remanded to the Circuit Court of Greene County, Arkansas, Civil Division, on October 26, 2009, -- nearly a month ago -- the Clerk of the Court is directed to no longer accept filings from Defendants/Third-Party Plaintiffs in this case. IT IS SO ORDERED this 24th day of November, 2009. /s/ Wm. R. Wilson, Jr._____________ UNITED STATES DISTRICT JUDGE THIRD-PARTY DEFENDANTS 3:09CV00172-WRW DEFENDANTS/ THIRD-PARTY PLAINTIFFS PLAINTIFF

28 U.S.C. § 1447(d) ("An order remanding a case to the State Court from which it was removed is not reviewable on appeal or otherwise . . . .").

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