PAYNE v. PROGRESSIVE FINANCIAL SERVICES, INC.

No. 13-10381.

748 F.3d 605 (2014)

Nicole PAYNE, Plaintiff-Appellant v. PROGRESSIVE FINANCIAL SERVICES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 2014.


Attorney(s) appearing for the Case

Aaron D. Radbil , Aaron D. Radbil Law Office, Miami, FL, Noah D. Radbil , Weisberg & Meyers, L.L.C., Phoenix, AZ, for Plaintiff-Appellant.

Robbie LuAnn Malone, Esq. , Dallas, TX, for Defendant-Appellee.

Before SMITH, DeMOSS, and HIGGINSON, Circuit Judges.


HIGGINSON, Circuit Judge.

Nicole Payne appeals the district court's dismissal of her suit against Progressive Financial Services, Inc. (Progressive). The court dismissed the suit for lack of subject-matter jurisdiction on the ground that Progressive's unaccepted offer of judgment rendered Payne's claims moot. For the reasons below, we reverse and remand for proceedings consistent with this opinion.

I.

Payne filed this suit against Progressive for...

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