Designated for publication
- Securities and Exchange Commission v. Novinger, 23-10525, appeal from N.D. Tex.
- Smith, J. (Higginbotham, Smith, Higginson), appellate jurisdiction
- Dismissing appeal of denial of motion for declaratory judgment as procedurally improper, holding that, as a matter of first impression, the Court does not have jurisdiction “to review a procedurally improper motion denied as such.”
- As part of consent settlement of an SEC enforcement action, the defendant had agreed to not proclaim his lack of guilt without also noting his lack of innocence. Five years later, the defendant had moved for relief from the judgment as a First Amendment compelled-speech violation, under Rule 60(b), but the district court had denied that motion and the Fifth Circuit had affirmed. The defendant then moved for declaratory judgment under the Declaratory Judgment Act, which the district court denied as procedurally improper.
- The Court held, “The order here is not a final decision because it did not dispose of Novinger’s entire claim but merely prevented Novinger from pursuing a claim through the wrong procedural vehicle.”
Unpublished
- Weinhoffer v. Davie Shoring, Inc., 23-30566, appeal from E.D. La.
- per curiam (Willett, Wilson, Ramirez), breach of contract
- Affirming judgment against winning bidder in auction arising from its failure to pay for the item on which it had bid, but reversing and rendering as to the damages quantum.
- U.S. v. Padron, 23-50067, appeal from W.D. Tex.
- per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
- Affirming conviction and sentence for conspiracy to commit wire fraud and six substantive counts of wire fraud.
Take the Fifth 