Treeby v. Aymond

U.S. Court of Appeals for the Fifth Circuit

Treeby v. Aymond

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-30858 (Summary Calendar)

WILLIAM D. TREEBY; STONE, PIGMAN, WALTHER, WITMANN & HUTCHINSON, L.L.P.,

Plaintiffs-Appellees,

v.

JAMES E. AYMOND,

Defendant-Appellant,

----------------------------

DENNIS P. NEYLAND,

Plaintiff-Appellee,

v.

JAMES E. AYMOND,

Defendant-Appellant.

Appeals from the United States District Court for the Eastern District of Louisiana (CA-00-1377)

February 28, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. PER CURIAM:*

Defendant-Appellant James A. Aymond appeals the district

court’s grant of the permanent injunction sought by Plaintiff-

Appellees Dennis P. Neyland, William D. Treeby, and Treeby’s law

firm Stone, Pigman, Walther, Witmann & Hutchinson, L.L.P.L.

(collectively “Plaintiffs-Appellees”). The district court enjoined

Aymond, pursuant to

28 U.S.C. § 2283

, from taking any further

action to prosecute his pending appeal in his state derivative

action in Louisiana state court against Plaintiffs-Appellees.

Having carefully and fully considered the record and the briefs of

counsel as well as the opinion of the district court, we are

satisfied that the permanent injunction was properly granted, and

we affirm the judgment of the district court for essentially the

same reasons set forth in its comprehensive opinion.1

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. 1 Facially, Aymond’s vexatious, contumacious, and frivolous appeal appears to warrant sanctions pursuant to Federal Rule of Appellate Procedure 38; however, inasmuch as Plaintiffs-Appellees have not sought sanctions, we refrain from doing so sua sponte.

Reference

Status
Unpublished