Reid Zeising v. Michael Shelton

Opinion

Case: 14-30958 Document: 00513004474 Page: 1 Date Filed: 04/14/2015

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED No. 14-30958 April 14, 2015 Lyle W. Cayce REID ZEISING; DIXIE RESTAURANT GROUP, L.L.C., Clerk

Plaintiffs - Appellants

v.

MICHAEL A. SHELTON; SHELTON RESTAURANT GROUP, L.L.C.,

Defendants - Appellees

Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:12-CV-2614

Before REAVLEY, SMITH, and GRAVES, Circuit Judges. PER CURIAM:* The judgment of the district court is affirmed because an enforceable oral contract was not mutually agreed upon by these parties. The acquisition, purchase and terms, of the 29 Popeye’s restaurants, how they would be operated and what – if any – consideration and role Zeising would contribute, was left wide open. At best, it could be said only that they agreed to agree, but that is not an enforceable contract under Louisiana or Georgia law.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-30958 Document: 00513004474 Page: 2 Date Filed: 04/14/2015

No. 14-30958 See McNeely v. Town of Vidalia, 102 So. 422, 423 (La. 1924); Moss v. Moss, 463 S.E.2d 9 (Ga. 1995). Likewise, Shelton did not have a contract with Dixie, nor did he owe it a fiduciary duty. Ga. Code § 14-11-304(a).

AFFIRMED.