Young Again Products, Inc. v. Acord

Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
14 years 8 months ago

Citation:

Not for Publication; Case No. 10-20004 (5th Cir. June 28, 2011)

Tag(s):

5th Circuit

Ruling:

The Fifth Circuit Court of Appeals (the “Circuit Court”) dismissed the appeal for lack of standing and want of jurisdiction. Acord and Ortega had appealed various orders entered by the United States District Court for the Southern District of Texas, which permitted Young Again to levy execution on business assets and real and personal property of Acord and Ortega in satisfaction of a foreign judgment in the amount of $3.83 million. The Circuit Court found that Acord and Ortega lacked standing to appeal because they had disclaimed rights in most of the personal property seized and no longer possessed an interest in real property that was subject to levy. As such, the Circuit Court could not grant the relief requested and the appeal was rendered moot. The Circuit Court found it lacked jurisdiction to consider the remaining issues on appeal (relating to certain items of personal property in which Acord and Ortega had not disclaimed rights) because the appeal was taken from a non-final order. Accordingly, the appeal was dismissed for lack of standing and lack of jurisdiction.

Procedural context:

Appeal by Acord and Ortega from various orders entered by the United States District Court for the Southern District of Texas, which permitted Young Again to levy execution against assets of Acord and Ortega in satisfaction of a foreign judgment. Young Again had moved to dismiss the appeal, which issue was not determined until the parties had briefed the merits of the appeal. The Circuit Court granted Young Again’s motion and dismissed the appeal for lack of standing and want of jurisdiction.

Judge(s):

Jolly, Garza, Stewart

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