Celtic Marine Corp. v. James C. Justice Co., Inc., No. 13-30712 (5th Cir. 2014)Annotate this Case
Celtic Marine filed suit against Justice in this maritime dispute for breach of contract. After the parties reached two settlements and both were not fulfilled, Celtic Marine moved for summary judgment to enforce an acceleration clause contained in the second agreement for all payments due under the first settlement agreement. Celtic Marine also moved to reopen the case under Rule 60(b)(6). The district court granted both motions, granting leave for Celtic Marine to amend its complaint and then denied Justice's motion to reconsider. The court concluded that 28 U.S.C. 1292(a)(3) does not grant the court jurisdiction over the district court's Rule 60(b) order and, therefore, the court dismissed Justice's appeal for want of jurisdiction. In regards to summary judgment, the court concluded that there was no genuine dispute that the email exchange did not amend the October Settlement Agreement and Celtic Marine did not waive its right to exercise the acceleration clause. Accordingly, the court affirmed the district court's grant of summary judgment.