Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ROBERT N. WILLIAMS AND PATRICIA M. WILLIAMS, PLAINTIFFS-APPELLANTS, v. A.L. BISHOP, ET AL., DEFENDANTS-APPELLEES.

PER CURIAM:

This is an appeal from a summary judgment entered by the district court for two of three defendants named in the appellants' suit. The action was brought to set aside a conveyance that resulted from a foreclosure by Bishop of property owned by the Williamses. The Williamses claimed that they had been defrauded by having been lulled into a belief by Bishop, who held a mortgage on their property, that he would not immediately foreclose, that he would buy the property in a foreclosure sale, if one was had, and that he would divide any profit made by reason of a subsequent sale with them. The property was later bid in by Bishop and then sold by him to the Roysters for a sum in excess of $50,000 above the cost to him.

The trial court found in favor of the Roysters, the ultimate purchasers, on their motion for summary judgment because it found that they had no knowledge or participation in any of the acts charged against Bishop. The court ordered a judgment to be entered in their favor. However, he did not enter the finding required under Rule 54(b) F.R.C.P. to the effect that there was no cause for delay. Upon entry of the judgment in favor of the Roysters, there still remained pending in the district court the Williams claim against Bishop and the Roysters counterclaim against the Williamses. It is clear, therefore, that the summary judgment favoring the Roysters was a judgment for "fewer than all the claims or parties." Since our jurisdiction lies from a "final judgment" we are without jurisdiction over this appeal. Travelers Indemnity Co. v. Ericksons, Inc., 396 F.2d 134 (5th Cir. 1968).

Rule 54(b) provides:

The appeal is DISMISSED.

Use AI to get other relevant cases.

Comments

WILLIAMS v. BISHOP
(May 21, 1984)