Nationwide Property & Casualty Insurance Company v. Templo Aposento Alto Assembly of God, No. 3:2011cv00010 - Document 31 (S.D. Tex. 2012)
Court Description: OPINION AND ORDER.(Signed by Judge Kenneth M. Hoyt) Parties notified.(ccarnew, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION NATIONWIDE PROPERTY & CASUALTY ' INSURANCE COMPANY ' ' V. ' ' ' TEMPLO APOSENTO ALTO ASSEMBLY OF GOD ' CIVIL ACTION NO. G-11-010 OPINION AND ORDER Fearing that the Court=s Final Judgment Acould be misconstrued as a bar to Templo=s claims against Nationwide@ Defendant, Templo Aposento Alto Assembly of God, filed a Motion to Alter or Amend Judgment Ato clarify that Templo=s claims against Nationwide are not dismissed with prejudice.@ However, in its Order Adopting the Report and Recommendation of the Magistrate Judge, this Court struck Templo=s counter-claim and dismissed only Nationwide=s declaratory judgment action. Accordingly, there is nothing the Court has done that could be Amisconstrued.@ It is, therefore, the ORDER of this Court that ATemplo=s Motion to Alter or Amend Judgment Pursuant to Rule 59(e) of the Federal Rules of Civil Procedure@ (Instrument no. 30) is DENIED. SIGNED at Houston, Texas this 16th day of February, 2012. ___________________________________ Kenneth M. Hoyt United States District Judge
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