Roberts v. Homeside Lending Inc

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 31, 2002
• Docket: 01-51256
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-51256

Summary Calendar

QUINTON ROBERTS; JERRY DEAN ROBERTS, Wife,

Plaintiffs-Appellants,

versus

HOMESIDE LENDING INC; ET AL,

Defendants,

HOMESIDE LENDING, INC.,

Defendant-Appellee.

Appeal from the United States District Court For the Western District of Texas SA-00-CV-1369

May 30, 2002

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Quinton and Jerry Dean Roberts appeal the district court’s

grant of summary judgment to Homeside Lending, Inc. as to their

claims arising out of a flood of their home. This suit was

originally filed in state court, and Homeside removed. The

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. plaintiffs contend that the amount in controversy requirement of 28

U.S.C. § 1332(a)(1) was not met. After a de novo review,1 we agree

with the district court that the requirement was satisfied; and

later amendments or affidavits submitted by the plaintiffs may not

divest the district court of jurisdiction.2

AFFIRMED.

1 U.S. Fire Ins. Co. v. Villegas, 242 F.3d 279, 283 (5th Cir. 2001). 2 St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 292 (1938).