Gulf Global Navigat v. Cerrey S A de C V

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 27, 2003
• Docket: 98-20072
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS November 17, 1998 FIFTH CIRCUIT Charles R. Fulbruge III Clerk _________________

No. 98-20072 Summary Calendar _________________

GULF GLOBAL NAVIGATION LIMITED,

Plaintiff-Appellant,

versus

CERREY S.A. de C.V.,

Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Texas (H-96-CV-1630)

November 17, 1998

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:1

Gulf Global Navigation Limited (“Gulf Global”) appeals the district court's grant of partial summary judgment in favor of

Cerrey S.A. de C.V. (“Cerrey”). We review the district court's

grant of summary judgment de novo. See Exxon Corp. v. St. Paul

Fire and Marine Ins. Co., 129 F.3d 781 (5th Cir. 1997).

Gulf Global and Cerrey, through their agents, entered into a

1 Pursuant to 5TH CIR. R. 47.5, we have determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. contract under which Gulf Global agreed to transport a dissembled

chimney from Tampico, Mexico to Buenos Aires, Argentina. Shortly

after they signed the contract, Cerrey indicated its intent not to

perform in accordance with the contract. Gulf Global refused to

accept this repudiation and continued to perform under the

contract, including nominating a second vessel to make the agreed

shipment after successfully obtaining alternate cargo for the

original one. Gulf Global contends that the district court erred

in determining that Cerrey made a clear and unequivocal

repudiation, that Gulf Global's nomination of another vessel was

unreasonable, and that Gulf Global failed to mitigate its damages.

We have reviewed the record and the briefs of the parties and

affirm substantially for the reasons given by the district court.

See Gulf Global Navigation Ltd. v. Cerrey S.A. de C.V., H-96-CV-

1630 (S.D. Tex. Dec. 15, 1997). Gulf Global has failed to meet its

burden of establishing that there is a genuine issue of material

fact, or that the district court erred in its legal holdings. See

FED. R. CIV. P. 56(e); Melton v. Teachers Ins. & Annuity Ass'n of

America, 114 F.3d 557, 559 (5th Cir. 1997)(“[S]ummary judgment is

appropriate where the pleadings and summary judgment evidence

present no genuine issues of material fact and the moving party is

entitled to judgment as a matter of law.”).

AFFIRMED.

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