Narrative Opinion Summary
A majority of active judges in the Fifth Circuit Court of Appeals voted to grant a rehearing en banc in the case involving Meyerland Company and William M. Adkinson, with the Federal Deposit Insurance Corporation (FDIC) as the appellant. The appeal originated from a decision by the United States District Court for the Southern District of Texas, presided over by Judge Kenneth M. Hoyt. The court ordered that the case be reheard by the full court, with oral arguments to be scheduled later. Additionally, the panel previously imposed an injunction to halt further proceedings in Texas state courts, which will remain in effect until the en banc review is complete, in accordance with 28 U.S.C. § 2283. The court's Clerk will establish a briefing schedule for supplemental briefs. Judge Jones recused himself from this decision.
Legal Issues Addressed
Briefing Schedules in Appellate Proceduresubscribe to see similar legal issues
Application: The Clerk of the Court was tasked with setting a briefing schedule for supplemental briefs, facilitating organized submissions by parties involved in the en banc review.
Reasoning: The court's Clerk will establish a briefing schedule for supplemental briefs.
Injunction Pending Appealsubscribe to see similar legal issues
Application: The court maintained an injunction against further proceedings in Texas state courts during the pendency of the en banc review, ensuring no conflicting jurisdictional actions.
Reasoning: The panel previously imposed an injunction to halt further proceedings in Texas state courts, which will remain in effect until the en banc review is complete, in accordance with 28 U.S.C. § 2283.
Judicial Recusalsubscribe to see similar legal issues
Application: Judge Jones recused himself from participating in the decision to grant a rehearing en banc, demonstrating adherence to principles of judicial impartiality.
Reasoning: Judge Jones recused himself from this decision.
Oral Arguments in En Banc Reviewsubscribe to see similar legal issues
Application: The Fifth Circuit Court of Appeals planned to schedule oral arguments for the en banc hearing, allowing for comprehensive review and presentation of issues by all parties involved.
Reasoning: The court ordered that the case be reheard by the full court, with oral arguments to be scheduled later.
Rehearing En Banc Proceduresubscribe to see similar legal issues
Application: The Fifth Circuit Court of Appeals decided to rehear the case involving Meyerland Company and William M. Adkinson en banc, which involves the entire panel of judges rather than a smaller panel.
Reasoning: A majority of active judges in the Fifth Circuit Court of Appeals voted to grant a rehearing en banc in the case involving Meyerland Company and William M. Adkinson, with the Federal Deposit Insurance Corporation (FDIC) as the appellant.