Charles Dixon v. Richard Freese , 615 F. App'x 245 ( 2015 )


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  •      Case: 14-60906      Document: 00513192025         Page: 1    Date Filed: 09/14/2015
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT    United States Court of Appeals
    Fifth Circuit
    FILED
    September 14, 2015
    No. 14-60906
    Lyle W. Cayce
    Clerk
    CHARLES DIXON, Individually and on behalf of the 345 other named
    plaintiffs; AMELIA WAY, Individually and on behalf of the 345 other named
    plaintiffs; SHEILA GARY EVANS, Individually and on behalf of the 345 other
    named plaintiffs; CICILIA JEFFERSON, Individually and on behalf of the 345
    other named plaintiffs,
    Plaintiffs - Appellants
    v.
    RICHARD A. FREESE; TIM K. GOSS; FREESE & GOSS, P.L.L.C.; JOHN
    AND JANE DOES, Individually and as Entities,
    Defendants - Appellees
    Appeal from the United States District Court
    for the Southern District of Mississippi
    USDC No. 3:13-CV-236
    Before JONES, SMITH, and SOUTHWICK, Circuit Judges.
    PER CURIAM:*
    The court has carefully considered this appeal in light of the briefs and
    record. Having done so, we conclude that there is neither clear error nor any
    reversible error of law in the district court’s decision that the admission of a
    * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH
    CIR. R. 47.5.4.
    Case: 14-60906      Document: 00513192025      Page: 2    Date Filed: 09/14/2015
    No. 14-60906
    non-equity member by the unanimous agreement of the LLC’s equity members
    occurred substantially in accordance with Texas law. See Tex. Bus. Org. Code
    §§ 101.001(1) (“company agreement” defined to include written or oral
    agreements), 101.053 (each member must consent to an amendment of the
    company agreement, 101.103(c) (a non-equity member may be admitted on
    consent of all the company members); 101.102(c) (the company agreement may
    provide for admission of non-equity members), and 101.104(b) (rights of a class
    of members may be stated in the company agreement or at the time the class
    is established).   Accordingly, we AFFIRM, for essentially the reasons stated
    by the trial court, its decision to dismiss the case for lack of federal jurisdiction.
    2
    

Document Info

Docket Number: 14-60906

Citation Numbers: 615 F. App'x 245

Filed Date: 9/14/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023