Luig v. North Bay Enter., Inc., No. 15-10087 (5th Cir. 2016)
Annotate this CaseThis appeal stems from a dispute over whether plaintiff breached the contract between the parties by failing to deliver a helicopter that met the specifications of the purchase agreement. The district court sua sponte granted summary judgment for plaintiff and dismissed North Bay's counterclaim for breach of contract. The district court then denied North Bay's motion to alter or amend its pleading under Fed. R. Civ. Pro. 59(e). North Bay alleged that plaintiff breached the contract because the airworthiness certificate specified a different type of helicopter and because the helicopter was not airworthy given that it was not in compliance with Directive 80-04-04. Because North Bay presented probative evidence in its 59(e) motion, and the district court failed to give North Bay an opportunity to respond before it sua sponte granted summary judgment for plaintiff, the court concluded that the district court abused its discretion when it denied North Bay’s motion to reconsider. Accordingly, the court reversed the denial of the motion, vacated the grant of summary judgment, and remanded.
The court issued a subsequent related opinion or order on March 29, 2016.
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