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Javier AMBLER, Sr., individually, on behalf of all wrongful death beneficiaries of Javier Ambler, II, on behalf of the Estate of Javier Ambler, II, and as next friends of J.R.A., a minor child; Maritza Ambler, individually, on behalf of all wrongful death beneficiaries of Javier Ambler, II, on behalf of the Estate of Javier Ambler, II, and as next friends of J.R.A., a minor child; Michelle Beitia, as next friend J.A.A., a minor child; Javier Ambler, II, Estate of Javier Ambler, II, Plaintiffs—Appellees, v. Michael NISSEN, Defendant—Appellant.
ON PETITION FOR REHEARING EN BANC
Treating the petition for rehearing en banc as a petition for panel rehearing (5th CIR. R. 35 I.O.P.), the petition for panel rehearing is DENIED. The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of rehearing (Fed. R. App. P. 35 and 5th CIR. R. 35).
In the en banc poll, eight judges voted in favor of rehearing, Judges Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, and Wilson, and nine judges voted against rehearing, Chief Judge Elrod, and Judges Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, and Ramirez.
Per Curiam:
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Docket No: No. 23-50696
Decided: January 02, 2025
Court: United States Court of Appeals, Fifth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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