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YESH MUSIC v. LAKEWOOD CHURCH

No. 12-20520.

727 F.3d 356 (2013)

YESH MUSIC, Richard Cupolo, & John Emanuele, Plaintiffs-Appellees, v. LAKEWOOD CHURCH, Joel Osteen & Victoria Osteen, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 14, 2013.

Attorney(s) appearing for the Case

Thomas J. Fitzgerald , Attorney, Garbarini FitzGerald, P.C., New York, NY, William O. Angelley , Hightower Angelley, L.L.P., Dallas, TX, for Plaintiffs-Appellees.

Henry James Fasthoff, IV, Esq. , Adams & Reese, L.L.P., Houston, TX, for Defendants-Appellants.

Before JOLLY, DAVIS, and PRADO, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge.

Plaintiff-Appellee filed a copyright infringement complaint against Defendant-Appellant, which it later voluntarily dismissed without prejudice. Plaintiff-Appellee subsequently filed a motion to vacate its voluntary dismissal under Rule 60(b), which the district court granted. Because we find that a voluntary dismissal without prejudice is a "final proceeding" under Rule 60(b) and the district...

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