Summary
The Fifth Circuit denied petitions for rehearing in a dispute concerning whether res judicata barred an attack on a state-court judgment alleged to have been fraudulently obtained. The court held that Robbie Holloway could not benefit from an earlier reversal because she had not appealed and the court lacked jurisdiction over her under Torres v. Oakland Scavenger Co.
Holdings
- The court lacked jurisdiction over Robbie Holloway in Browning II because she was not named in the notice of appeal.
- A reversal on appeal could not inure to Robbie Holloway's benefit because the court lacked jurisdiction over her in the appeal that produced the reversal.
- The petition for rehearing was denied.
Questions Presented
- Whether Robbie Holloway could raise for the first time in a petition for rehearing the argument that res judicata did not apply because she was not a party to Holloway v. Walker.
- Whether the Fifth Circuit had jurisdiction over Robbie Holloway in Browning II despite her failure to join the appeal.
- Whether the reversal in Browning II could inure to Robbie Holloway's benefit.
Disposition
writ_denied
Cases Cited (7)
- Browning v. Navarro, 887 F.2d 553 (5th Cir. 1989)(followed)
- Holloway v. Walker, 784 F.2d 1287 (5th Cir. 1986) (per curiam), cert. denied, 479 U.S. 984 (1986)(followed)
- United States v. Bigler, 817 F.2d 1139, 1140 (5th Cir. 1987), cert. denied, 484 U.S. 842 (1987)(followed)
- Wells v. Rushing, 760 F.2d 660, 661 (5th Cir. 1985)(followed)
- Browning v. Navarro, 826 F.2d 335 (5th Cir. 1987)(discussed)
- Annat v. Beard, 277 F.2d 554, 558 (5th Cir. 1960), cert. denied, 364 U.S. 908 (1960)(abrogated)
- Torres v. Oakland Scavenger Co., 487 U.S. 312, 108 S. Ct. 2405, 101 L. Ed. 2d 285 (1988)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…