Yesh Music, et al. v. Lakewood Church, et al., No. 12-20520 (5th Cir. 2013)
Annotate this CasePlaintiff, a general partnership comprised of two musicians, filed suit alleging copyright infringement against defendant, Lakewood Church, over the use of a song entitled, "Signaling Through the Flames." Plaintiff later voluntarily dismissed the complaint without prejudice. Subsequently, plaintiff filed a motion to vacate its voluntary dismissal under Rule 60(b), which the district court granted. Defendant appealed. The court affirmed the judgment, concluding that a voluntary dismissal without prejudice was a final proceeding under Rule 60(b) and the district court did not abuse its discretion in dismissing the case.
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