Nixon, et al v. Wheatley, et al, No. 06-40148 (5th Cir. 2006)

Annotate this Case

Download PDF

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 27, 2006 Charles R. Fulbruge III Clerk No. 06-40148 KEVIN NIXON; BRANDON ANCELET Plaintiffs - Appellants v. BURYL WHEATLEY; PD GEORGE COMPANY Defendants - Appellees -------------------Appeal from the United States District Court for the Eastern District of Texas, Beaumont No. 1:05-CV-51 -------------------Before KING, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* A party must reserve its right to appeal prejudgment rulings in the offer of judgment, otherwise no appeals from judgment will be allowed. Ramming v. Natural Gas Pipeline Co. of Am., 390 F.3d 366, 370 (5th Cir. 2004) (emphasis in original). Plaintiffs failure to do so here extinguished their right to appeal, and their subsequent statement purporting to reserve this right could not resurrect it. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. The Motion to Dismiss the Case is GRANTED. DISMISSED. Costs shall be borne by plaintiffs. 2 Appeal

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.