PNC Bank v. Ruiz, No. 20-50255 (5th Cir. 2021)
Annotate this CaseThe Fifth Circuit vacated the magistrate judge's grant of PNC Bank's motion for summary judgment for foreclosure, concluding that the magistrate judge lacked subject matter jurisdiction to conduct proceedings and to enter a final judgment. Finding Roell v. Withrow, 538 U.S. 580 (2003), distinguishable from this case, the court could not say that PNC's consent to trial by magistrate judge was clear and unambiguous because its express statement of non-consent is flatly inconsistent with its subsequent conduct. Accordingly, the court remanded for further proceedings.
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