Enriquez v. Coffield

251 F. App'x 883
Court of Appeals for the Fifth Circuit·Decided October 23, 2007·No. 06-20398·Unpublished·Cited by 1 cases

Opinion

PER CURIAM: *

Juan Enriquez, Texas state prisoner # 227122, appeals the district court’s judgment dismissing his civil rights complaint with prejudice on the basis that a final settlement agreement existed between the parties and that the agreement had been substantially fulfilled. The district court erred in doing so without allowing an evidentiary hearing on Enriquez’s arguments concerning the validity and scope of the agreement. See Mid-South Towing Co. v. Har-Win, Inc., 733 F.2d 386, 390-92 (5th Cir.1984). We therefore reverse the judgment of the district court and remand the matter for an evidentiary hearing on the validity and scope of the settlement agreement. Enriquez’s narrow motion to remand is denied as moot.

REVERSED AND REMANDED; ALL OUTSTANDING MOTIONS DENIED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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Enriquez v. Coffield, 251 F. App'x 883 (5th Cir. 2007).

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