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SMALLBIZPROS, INC. v. MacDONALD

No. 09-50879.

618 F.3d 458 (2010)

SMALLBIZPROS, INC., doing business as Padgett Business Services, Plaintiff-Appellee, v. Frank MacDONALD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 1, 2010.

Attorney(s) appearing for the Case

Timothy J. Bryant , Preti, Flaherty, Beliveau & Pachios, LLP, Portland, ME, Mark Joseph Barrera , Leslie Sara Hyman , Cox Smith Matthews, Inc., San Antonio, TX, for Plaintiff-Appellee.

Carl Pipoly , Pipoly Law Office, San Antonio, TX, for Defendant-appellant.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:

This appeal arises from the district court's entry of a contempt order against Frank MacDonald (MacDonald) enforcing a settlement agreement with SmallBizPros, Inc. d/b/a Padgett Business Services (Padgett). MacDonald argues that the district court's jurisdiction ceased on August 7, 2009, upon the filing of a voluntary "Stipulation of Dismissal" (the Stipulation) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Padgett counters that because...

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