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JACUZZI v. PIMIENTA

No. 13-41111.

762 F.3d 419 (2014)

John B. JACUZZI, Sr.; Margarita Jacuzzi; John B. Jacuzzi, Jr.; Patricia Jacuzzi; James Jacuzzi, Plaintiffs-Appellants v. Enrique PIMIENTA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 5, 2014.

Attorney(s) appearing for the Case

Richard A. Illmer, Esq. , Chad A. Johnson , Husch Blackwell, L.L.P., Dallas, TX, Elizabeth Gabrielle Bloch, Esq. , Kell Corrigan Mercer , Attorney, Husch Blackwell, L.L.P., Austin, TX, for Plaintiffs-Appellants.

Beth Elaine Watkins , Shannon Kathleen Dunn , Law Office of Beth Watkins, Ronald Wright Armstrong, II , Armstrong Firm, P.L.L.C., San Antonio, TX, for Defendant-Appellee.

Before DAVIS, SMITH, and BENAVIDES, Circuit Judges.

PER CURIAM:

The plaintiffs, members of the Jacuzzi family, launched a collateral attack on a related bankruptcy proceeding in federal district court under the Declaratory Judgment Act (DJA), claiming that they were never properly served before the bankruptcy court entered judgment against them and held them in contempt. The district court initially granted them a summary judgment, holding the bankruptcy proceedings were void. It afterward sua sponte asked the...

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