Defs.' 2022-09-27. A party need not show a false representation or detrimental reliance to prove quasi-estoppel. 21. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See 2020 Action, Doc. Dismissal Based on Quasi-Estoppel (or Estoppel by Contract). of Pardons & Parole, 114 Fed.Appx. The 2005 Disclaimer further provided, among other things: On June 14, 2007, Margaret Hunt Hill died and her equitable interest in the MHTE passed in equal shares to her three children-Hill Jr., Lyda Hill, and Alinda Hill Wickert-subject to any disclaimers. 480 (5th Cir. Contest Clause, and (3) violating the GSA and the Final Judgment by asserting claims concerning the Hill Jr. turkey stuffed with rice and meat; boil water advisory near me 2021 Albert Galatyn Hill Sr. (1904-1988) married Margaret Hunt, a daughter of H.L. is candy a common or proper noun; Tags . Trinity LLC is the general. Standing to sue is a doctrine rooted in the traditional understanding of a case or controversy. Spokeo, Inc. v. Robins, 578 U.S. 330, 338 (2016). Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession. Trusts while previously having agreed to, and benefitting from, the GSA to which Hill Jr.'s Disclaimer is attached. Id. 2004) (citation omitted). 8 (214) 681-3171. 2020-01-27, Dallas County District Courts | Other | Trusts: On December 7, 2017, an Application for Probate of Will and Issuance of Letters Testamentary was filed in the Estate of Albert Galatyn Hill, Jr., Deceased, in Cause No. 88, Ltd., 817 S.W.2d 160, 164 (Tex. The following year, Hill and his family purchased Highland . After Hassie's death, therefore, his equitable interests in the HHTE passed in equal shares to Margaret Hunt Hill's three children (Hill Jr., Lyda Hill, and Alinda Hill Wikert), as they were Margaret Hunt Hill's lineal descendants on the date of Hassie's death. PR-17-04117-2, Probate Court No. The law is clear in this Circuit that claims that are not properly raised in the complaint, but only in response to a dispositive motion, are not properly before the court. Her father was H. L. Hunt (18891974) and her mother, Lyda Bunker (18891955). 22 at 662-64. Based on the foregoing, the court grants Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (Doc. 1996) (same). Albert Galatyn Hill found inU.S., Social Security Applications and Claims Index, 1936-2007 Albert Galatyn Hill found inU.S., Find A Grave Index, 1600s-Current Albert Galatyn Hill found in1940 United States Federal Census Albert Galatyn Hill found in1920 United States Federal Census View more historical records forAlbert Galatyn Hill 26). 31. On October 2, 2013, the 2020 Action was reassigned to the undersigned following the recusal of Judge O'Connor (who had presided over the matter for approximately sever years), which was followed by the recusals of Judges Lynn, Solis, Godbey, Boyle, Fitzwater, and Kinkeade. Yet, over the next four years, our court weighed in on the settlement' four times. (citations omitted). Trusts and the purported termination and dissolution of the Lyda Hill Trusts: Breach of Contract (Count One) (except as to Defendants Donnally and Tatham); Declaratory Relief (Count Two) (against all Defendants); Imposition of a Constructive Trust/Conversion (Count III) (against all Defendants); Tortious Interference with Contract (against Donnally and Tatham only) (Count IV); Breach of Fiduciary Duties and Fee Disgorgement (against Donnally, Irwin, and Tatham) (Count V); Aiding and Abetting Breach of Fiduciary Duties (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count VI); Civil Conspiracy (against all Defendants) (Count VII); Aiding and Abetting (against Hill Jr., Keliher, Miller, Lyda Hill, Washburne, and Summers) (Count VIII); Unjust Enrichment (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count IX); Equitable Reformation (against all Defendants) (Count X); and Exemplary Damages (against all Defendants). 7. The doctrine applies when it would be unconscionable to allow a person to maintain a position inconsistent with one to which he acquiesced, or from which he accepted a benefit. Hartford Fire Ins. TheU.S. Court of Appeals for the Fifth Circuit sentthe matter backto a district court, which will determine whether his sisters are entitled to additional costs and fees, said the Feb. 4 opinion in Hill v. Washburne. 2002). District courts should freely give leave [to amend] when justice so requires, Fed.R.Civ.P. Claire . Plaintiffs contend that because Defendants' respective motions improperly make factual assertions that exist outside the pleadings and rely on matters outside the pleadings, the court must convert their motions to dismiss into motions for summary judgment. Things got ugly and complicated as family conflicts are wont to do. As Lyda Hill correctly argues, [b]y these action, post-settlement, Hill III and Erin Hill confirmed that a Beneficiary' of the trusts has the very same power of appointment they now challenge with respect to the dissolution claims they bring in this lawsuit against the Hill Jr. All Rights Reserved. 999 at 8-9, 8.a and at 20-22, 9.a. The party invoking federal jurisdiction bears the burden of establishing that he, she, or it has standing. In December 2007, Hill III brought a lawsuit in Texas state court in his individual capacity and on behalf of the MHTE and HHTE against specific beneficiaries of the MHTE and HHTE, including his father (Hill Jr.), Hill Jr.'s siblings, and the trustees and members of the advisory boards of the MHTE and HHTE. 12, Doc. Further, it is well-established and clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record. 25, 2022). NOTICE - CHANGE OF ADDRESS; Comment: NOTICE OF ADDRESS CHANGE OF BOURLAND, WALL & WENZEL, P.C. 2020 Action, Doc. 30342 (404) 237-6650. 1. Sonnier v. State Farm Mutual Auto. Although Defendants do not specify, the court concludes this case primarily concerns injury in fact, the [f]irst and foremost of standing's three elements. Reply 10-11, Doc. With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. Dismiss 17, Doc. See Burke v. Barnes, 479 U.S. 361, 363 (1987). Sword given to a knight by a spirit of the lake. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992). Plain English. Dallas, Texas 75201. The court will also take judicial notice of matters of public record. Sam A. Lindsay, United States District Judge. 1994)). The only remaining question is how much he may owe his sisters in additional costs and fees. With Such Low Win Rates, Should Law Firms Respond to So Many RFPs? Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. Compl., Doc. Defendants are arguing that Plaintiffs lacked constitutional standing when they commenced this action. App.-Houston [14th Dist.] Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2; and (3) appealing the October 11, 2018 Order Admitting Will to Probate and Authorizing Letters Testamentary issued by Judge Ingrid M. Warren in Probate Court No. A. It can be equipped by level 75 Warrior, Paladin, Dark Knight, and Rune Fencer. The Judges overseeing this case are WARREN, INGRID and MONROE, LINCOLN. 1978). 6. Here, the court intends to follow its legal standard and consider the Complaint, documents Plaintiffs attach to their Complaint, and documents that Defendants attach to their respective motions to dismiss if they are referred to in Plaintiffs' Complaint and are central to their claims. 2022-12-21, Dallas County Texas Courts | Probate | Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the family's trusts. Erin Nance Miss Georgia and finished second in the 1993 Miss USA pageant. Albert Gallatin (29 January 1761 - 12 August 1849) was the United States Secretary of the Treasury from 14 May 1801 to 8 February 1814, succeeding Samuel Dexter and preceding George W. Campbell. Hunt. Ins. This case was filed in Dallas County Texas Courts, Dallas County Probate Court located in Dallas, Texas. Hunt and his wife Lyda Bunker Hunt created trusts for their six children. They further argue that attaching or referring to documents alone is not a sufficient basis to convert a motion to dismiss into a summary-judgment motion under Rule 56. Id. Thus, the court denies Plaintiffs' request to convert the pending Rule 12(b)(1) motions into summary judgment motions. 26. Collins, 224 F.3d at 498-99. In her reply brief, Lyda Hill notes that Plaintiffs mischaracterize a Probate Court order described in her motion. 2012) (describing genesis of the GSA). Accordingly, Hill III has no standing, or any viable basis, for pursuing the claims in the Complaint. 2005) (citations omitted). . Further, as Lyda Hill points out, the vexatious label was a term first used by the court, and, in any event, does not provide a basis for striking her motion. Mootness may be raised by any party at any time because, if the controversy is moot, federal courts lack subject matter jurisdiction. 9.c. If she desires to seek sanctions or attorney's fees, she should file a formal motion and brief in accordance with Federal Rule of Civil Procedure 54(d)(2). $266.00, FinancialFinancial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, FinancialFinancial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, DocketAPPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY, Dallas County Texas Courts | Probate | The decision is available here. First, given the unique procedural history of this matter, which concluded in 2010 when Judge O'Connor issued the Final Judgment, the court can only conclude that Plaintiffs are proceeding in bad faith and allowing further amendment would be unduly prejudicial to Defendants, who have had to respond to these same contentions in multiple fora over a period of several years. Consistent with the GSA, the Final Judgment declared Hill Jr.'s 2005 Disclaimer valid and partitioned portions of the MHTE and the HHTE, as to which Hill Jr. did not disclaim any of his equitable interests, into the Hill Jr. As previously explained, Hill III contractually agreed in the GSA, which was incorporated into the Final Judgment, that Hill Jr.'s Disclaimer was valid and enforceable. Eckland Consultants, Inc. v. Ryder, Stilwell Inc., 176 S.W.3d 80, 87 (Tex. Abraham Alfonse Albert Gallatin (January 29, 1761 - August 12, 1849) was a Genevan - American politician, diplomat, ethnologist and linguist. (citation omitted). In her motion to dismiss, Lyda Hill notes that Plaintiffs' Complaint is replete with references to the underlying settled federal and state court litigation . History 1800s. The children of Arteriors founder Mark Moussa have a new concept of their own. 1986). The effect of the 2005 Disclaimer is that Hill Jr.'s disclaimed interest passed to Hill III, Washburne, and Summers after Margaret Hunt Hill's death. Finally, the court is entitled to consider its own prior rulings and any and all rulings in the 2020 Action that are relevant to this lawsuit. Resp. I. 1 / 1. She states: This June 2011 Probate Court order permitted the trustees of Lyda's separate trusts to voluntarily terminate the trusts - It did not order the termination of the trusts at the time as Plaintiffs misleadingly contend. Id. See, e.g., Cutrera v. Board of Sup'rs of Louisiana State Univ., 429 F.3d 108, 113 (5th Cir. App.-Houston [14th Dist.] Cancellation and Refund Policy, Privacy Policy, and 2005). Masgas v. Anderson, 310 S.W.3d 567, 571 (Tex. The court agrees. Resp. 330, 331 (5th Cir. illustration by Steve BrodnerTom Hunt sits at an executive desk downtown at Hunt Petroleum Corporation, on the 49th floor of Thanksgiving Tower, studying a thick stack of paper that has his lawyer worried. A case becomes moot when the issues presented are no longer live' or the parties lack a legally cognizable interest in the outcome of the litigation. Trusts not in favor of Hill III. (citing Zieben v. Platt, 786 S.W.2d 797, 802 (Tex. Co., 243 F.3d 912, 919 (5th Cir. ' Funk v. Stryker Corp., 631 F.3d 777, 783 (5th Cir. 1. 2008); Guidry v. American Pub. The Galatyn Woodland Preserve exists today as a mixture of remnant native plants and species brought in to reestablish the woodland area. The court stated in a memorandum opinion and order issued on December 10, 2018: 2. . Also, Judge O'Connor is currently assigned to the Fort Worth Division of the Northern District of Texas. A string of three losses over the past three months have ended with orders for litigious Texas oil and gas heir Albert G. Hill III to pay attorney fees to winning defendants at whom he lobbed. 31. Albert G Hill, III, individually, and as a Beneficiary of the Margaret Hunt Trust Estate, derivatively on behalf of the Margaret Hunt Trust Estate, individually, As a beneficiary of the Haroldson Lafayette Hunt Jr. Trust Estate, and derivately on Behalf of the Haroldson, Plaintiff, represented by Emil Lippe, Jr. , Law Offices of Lippe & Associates & Diana . II, in ruling on such a Rule 12(b)(6) motion to dismiss, the court cannot look beyond the pleadings. 1994) (citation omitted). R2 Invs. The Margaret Hunt Hill Bridge in Dallas, designed by Santiago Calatrava, is named in her honor. . They do not address statutory or prudential standing. You can read all about it here. Date Event Type Description Document; 03/21/2017: Reply brief filed: State [ PDF/68 KB ] State Reply Brief [ PDF/85 KB ] Notice: 02/15/2017: Trusts will not inure to Plaintiffs' benefit. 1993)). See, e.g., Baton Rouge Building & Constr. (quoting Venture Assocs. 999 at 43, 45. 3:07-cv-2020-L (the 2020 Action). FinancialFinancial info for LIPPE, EMIL, Jr : PAYMENT (CASE FEES); Receipt # PR-2021-00574; LIPPE, EMIL $24.00, FinancialFinancial info for LIPPE, EMIL, Jr : Transaction Assessment; ; $24.00, FinancialFinancial: LIPPE, EMIL, Jr ; Total Financial Assessment $24.00 ; Total Payments and Credits $24.00, DocketMISC. 26. Id. Under Texas law, quasi-estoppel precludes a party from asserting, to another's disadvantage, a right inconsistent with a position previously taken. In accordance with Federal Rule of Civil Procedure 58(a), the court will issue a final judgment in favor of Defendants by a separate document. 1883 at 6 (July 3, 2018 Memorandum Opinion and Order). and Mot. It deals 10.32 damage per second and accumulates 134 TP per hit. 31. In United States ex rel. 1-3 at 10-11, Art. Foman v. Davis, 371 U.S. 178, 182 (1962); Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir. She Was Murdered On Her Way To College Fifty Eight Years In The Past Cops Lastly Know Her Killer He accuses them of placing Boo's life history on show for the edification of the neighborhood. 21. 26) and Plaintiffs' request that the court convert the pending motions to dismiss into summary judgment motions (Doc. Hill III sought an injunction to preserve the assets of the Hill Jr. In the event, however, that the appellate court holds that Plaintiffs have standing, the court addresses certain aspects of the pending motions to dismiss based on Rule 12(b)(6), specifically Defendants' respective arguments that Plaintiffs are estopped from asserting their claims. 999 at 12-13, 8.f.i and 8.f.ii; Doc. . Attorney(s) appearing for the Case. 1996), rev'd on other grounds, 113 F.3d 1412 (5th Cir. Plaintiffs' claims will be dismissed with prejudice. 2019-09-05, Dallas County District Courts | Other | Texas, see Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2 (the "Probate Proceeding"), record, and applicable law, the court grants Washburne and Summers' Motion, as joined by Keliher. For the reasons that follow, the court denies both Plaintiffs' Motion to Strike and their associated request that the court convert the pending motions to dismiss into motions for summary judgment. She had six siblings Caroline Rose Hunt (born 1923), H. L. Hunt III ( denied); Royalco Oil & Gas Corp. v. Stockhome Trading Corp., 361 S.W.3d 725, 732 (Tex. Accordingly, the court declines to allow Plaintiffs to amend their pleadings, and their claims will be dismissed with prejudice. 212-2 at 10, 18. albert galatyn hill iiimaryland lacrosse camps 2021. albert galatyn hill iii italian prayer for protection The Hill Jr. Although often treated as effectively jurisdictional, statutory standing relates to the merits of a cause of action and not subject matter jurisdiction. Id. 1998). Inc., 342 F.3d 563, 566 (5th Cir. In ruling on such a motion, the court cannot look beyond the pleadings. LDC v. Phillips, 401 F.3d 638, 642 (5th Cir. It does not, however, authorize conversion of a Rule 12(b)(1) motion to dismiss for lack of jurisdiction into a motion for summary judgment. Co. v. Dallas Area Rapid Transit, 369 F.3d 464, 467 (5th Cir. Edited by WileECoyote about 2 years ago History. Accordingly, he is not now, nor will he ever be, a current beneficiary of the Hill Jr. The court notes that Plaintiffs sometimes refer to these trusts, collectively, as the New Hunt Trusts., These trusts are the (1) the MHTE - Albert G. Hill, Jr. Trust and (2) the HLHTE - Albert G. Hill, Jr. Trust and are referred to herein, collectively, as the Hill Jr. Trusts., These trusts are (1) the MHTE - Albert G. Hill, III Trust, for the benefit of Hill III, and (2) the MHTE - Albert G. Hill Jr. Income Beneficiary / Al III Termination Beneficiary Trust, for the benefit of Hill Jr. during his lifetime and for the benefit of Hill III after Hill Jr.'s death and are referred to herein, collectively, as the Hill III Trusts., These trusts are the MHTE-Lyda Hill Trust and the HLHTE-Lyda Hill Trust, and are referred to herein, collectively, as the Lyda Hill Trusts.. 1999). Published by at 14 Marta, 2021. 28. App.-Fort Worth 2012, no pet.). 18), filed March 3, 2021; Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. https://www.law.com/texaslawyer/2020/02/05/left-nothing-by-tycoon-father-albert-hill-is-now-on-the-hook-for-hefty-attorney-fees/. 2004); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. hidden hills gated community homes for sale Location ron cheats on hermione with lavender fanfiction dramione completed Kolkata (City Center 1) anne arundel county inspections and permits Saltlake Sector 5 (Megatherm/Pantaloon Building) no operations defined in spec swagger net core Saltlake Sector 5 (Webel More) Hill III appealed the Final Judgment challenging, among other things, the addition of provisions that were not part of the GSA. 936 at 5-6. United States ex rel. at 11. Trusts due to the Waiver of Standing Clause: In November 2018, the parties filed competing summary judgment motions in Probate Court No. Grp. 3:16-cv-1735-D, 2019 WL 2515000, at * 1 (N.D. Tex. Thus, if events after a case is filed resolve the parties' dispute, the case must be dismissed as moot because federal courts do not have the constitutional authority to decide moot cases. Although the history of the dispute between Hill III and his deceased father (and other relatives) is beyond the scope of this opinion, resolving the pending motions to dismiss the Complaint requires the court to revisit the trusts at issue, the 2020 Action, the GSA, and the Final Judgment. Back on November 8, 2007, Albert G. Hill III sued his father, his sisters, his aunts, and Tom Hunt over the management of Hunt Petroleum and the familys trusts. Two of Dallas County, Texas in Estate of Albert Galatyn Hill, Jr., Deceased, PR-17-04117-2. Among other things, Hill III alleged wrongdoing in the management and administration of the MHTE and HHTE by their respective trustees and violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C 1961, et seq. Compl., Doc. Defendants contend that Plaintiffs lack standing to challenge the dissolution of the Hill Jr. Dismiss 15, Doc. Annie Moussin designer intrieur. I. Often described as "America's Swiss Founding Father ", [3] [4] he was a leading figure in the early years of the United States, helping shape the new republic's financial system and foreign policy. 26. Alinda Wikert; Albert Galatyn Hill Jr. Hill died on June 14, 2007, in Dallas, Texas. In their current lawsuit, Plaintiffs, once again, assert the same claims that the court denied without prejudice on July 3, 2018, when it deferred to the Probate Court before which identical claims were pending. Plaintiff opposes the grant of a motion to stay because it is not warranted under existing legal standards and is being sought here for reasons inconsistent . 1986) (affirming district court's dismissal with prejudice based on lack of standing); Westfall v. Miller, 77 F.3d 868, 871 (5th Cir. As Plaintiffs use the full names of their three children, the court will do the same. The doctrine of mootness is embedded in Article III's case or controversy requirement and requires that an actual, ongoing controversy exist at all stages of federal court proceedings. A primary focus of the lawsuit was Hill III's claim to be a current beneficiary of the MHTE pursuant to Hill Jr.'s 2005 Disclaimer. Copyright 2023 ALM Global, LLC. Compl., Doc. ), or Galantine, is a recurring sword in the Final Fantasy series. The documents outline the wills he will execute, and which of the dozens of interrelated famil. Moreover, the court is seriously considering whether to impose substantial monetary sanctions against Hill III for being a vexatious litigator and abusing the judicial process. HILL, JR., Albert Galatyn Businessman and philanthropist Al G. Hill Jr., a devoted father and grandfather, died in his sleep Saturday night at his home in Dallas. Trusts. 879 at 21, 5(a) and Doc. 1998) (citing Veldhoen v. United States Coast Guard, 35 F.3d 222, 225 (5th Cir. The siblings have been embroiled in litigation since 2007 over disputes about trusts formed by their great-grandfather, Texas oil baron H.L. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Why is this public record being published online? The decision to allow amendment of a party's pleadings is within the sound discretion of the district court. On 12/07/2017 ESTATE OF ALBERT GALATYN HILL, Jr was filed as a Probate - Other Probate lawsuit. Plaintiffs contend that they and their three children (Albert Galatyn Hill IV, Nance Haroldson Hill, and Caroline Margaret Hill) are contingent or remainder beneficiaries of various trusts created as a result of the GSA and the Final Judgment. Hill Development Corporation; Fast Food Holdings; Hill Family Foundation. The CEO of Hunt Investment Holdings on his under-the-radar favorite restaurant and why he is learning Turkish. 2020 Action, Doc. It is time to move beyond partisanship and?build a stronger tomorrow." 2014), squabbling over the trusts was supposedly ended by a settlement agreement confected in 2010. 2007) (citing Cinel v. Connick, 15 F.3d 1338, 1343 n.6 (5th Cir. EVENT; Comment: REQUEST FOR LETTERS, NOTICE - APPEARANCE; Comment: NOTICE OF APPEARANCE OF COUNSEL FOR ALBERT G. HILL, III, MOTION - WITHDRAW ATTORNEY; Comment: MOTION TO WITHDRAW AS COUNSEL. Judicial estoppel has three elements: (1) The party against whom it is sought has asserted a legal position that is plainly inconsistent with a prior position; (2) a court accepted the prior position; and (3) the party did not act inadvertently. Allen v. C & H Distributors, L.L.C., 813 F.3d 566, 572 (5th Cir. Categories . Steubner Realty 19, Ltd. v. Cravens Rd. Reply 10-11, Doc. The GSA and the Final Judgment also did not grant Hill III or his children any termination interest in Lyda's separate MHTE and HHTE trusts. Reply 10, Doc. Margaret Hunt Hill (19152007) was an American heiress and philanthropist. Sepulvado v. Louisiana Bd. The court is also seriously considering imposing sanctions on Hill III's attorneys pursuant to 28 U.S.C. Defs.' denied). Trusts due to the Waiver of Standing Clause: Once Hill Jr. executed his Will in 2014 dictating that, upon his death, his powers of appointment over his equitable interests in the Hill Jr. Lyda Hill makes similar arguments pertaining to the Lyda Hill trusts. 2011) (quoting Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. Trusts, and the Waiver of Standing provision in the GSA and Final Judgment, therefore, bars him from seeking relief in this court with respect to the trusts at issue. There are instances, however, when a dismissal for lack of standing may be with prejudice. Brings new meaning to the phrase Sunday Funday. Exhibit B to Pls.' The firm is active in Real Estate and Private Equity (through Galatyn Private Equity--see profile). As this order is referenced in the Complaint and attached to Lyda Hill's motion to dismiss and central to Plaintiffs' claims against her, the court has considered it and agrees that Plaintiffs have mischaracterized the order as terminating the Lyda Hill Trusts. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Eleventh Circuit.