Guzman-Rivera v. Rivera-Cruz

U.S. Court of Appeals for the First Circuit

Guzman-Rivera v. Rivera-Cruz

Opinion

USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

____________________


No. 97-1743

HECTOR GUZMAN-RIVERA, ET AL.,

Plaintiffs, Appellants,

v.

HECTOR RIVERA-CRUZ, ET AL.,

Defendants, Appellees.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Gilberto Gierbolini-Ortiz, Senior U.S. District Judge] __________________________

____________________

Before

Torruella, Chief Judge, ___________
Stahl and Lynch, Circuit Judges. ______________

____________________

Juan R. Requena Davila and Law Offices Alvaro R. Calderon, Jr. on _______________________ ___________________________________
brief for appellant.
Esther Castro Schmidt and Gaztambide & Plaza on brief for _______________________ ____________________
appellees.


____________________

October 14, 1997
____________________
















Per Curiam. We have reviewed the briefs submitted by ___________

the parties and the record on appeal, and we affirm.

Appellants argue the court abused its discretion when it

dismissed the action without prejudice after being advised

the appellants could not locate two essential witnesses.

An abuse of discretion may not be found unless the

court's error resulted in substantial prejudice to the

movant. United States v. Saccoccia, 58 F.3d 754, 770 (1st ___________________________

Cir. 1995). We see no prejudice here, since the district

court offered appellants the opportunity to return to court

if they were able to locate their witnesses within a

reasonable amount of time.

Affirmed. Loc. R. 27.1. ________



























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Reference

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Published