Norris v. Thomas

413 F.3d 526

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 7, 2007
• Docket: 04-51215
• Status: Published

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 22, 2007 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 04-51215 Summary Calendar

In The Matter Of: THOMAS EUGENE NORRIS SR; KAREN LYNN NORRIS; Debtors,

THOMAS EUGENE NORRIS SR; KAREN LYNN NORRIS,

Appellants

versus

JOHNNY W THOMAS, Trustee Appellee.

Appeal from the United States District Court For the Western District of Texas

(5:04-CV-217)

Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.

PER CURIAM:

Thomas and Karen Norris challenge the bankruptcy court’s

ruling, affirmed by the district court, that their boat does not

qualify as a homestead in bankruptcy. On June 20, 2005 we

certified the question to the Supreme Court of Texas, thus:

Does a motorized waterborne vessel, used as a primary residence and otherwise fulfilling all of the requirements of a homestead except attachment to land, qualify for the homestead exemption under Article 16, §§ 50 and 51 of the Texas Constitution?1

On February 9, 2007, the Supreme Court of Texas issued its opinion

in response to our certified question, holding that a boat cannot

qualify as a homestead.2 In light of this decision by the Supreme

Court of Texas, the judgment of the district court is

AFFIRMED.

1 In re Norris, 413 F.3d 526 (5th Cir. 2005). 2 See Norris v. Thomas, 215 S.W.3d 851 (Tex. 2007).