PATRICK SMITHERMAN v. BAYVIEW LOAN SERVICING (2017)

United States Court of Appeals, Fifth Circuit.

D. PATRICK SMITHERMAN, Plaintiff - Appellant v. BAYVIEW LOAN SERVICING, L.L.C., Defendants - Appellees

No. 16-20328

Decided: March 29, 2017

Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges.

D. Patrick Smitherman, proceeding pro se, brought suit against Bayview Loan Servicing, LLC in Texas state court, alleging various state law claims regarding foreclosure proceedings related to Smitherman's mortgage loan. Bayview removed to federal court under a diversity jurisdiction theory. The district court denied Smitherman's motion to remand and then dismissed Smitherman's claims with prejudice.

We ordered a limited remand to the district court to permit supplementation of the record and to make findings regarding Bayview's citizenship. The district court then issued an order vacating its judgment and remanding the case to state court. Because the district court lacked the authority to do so, we construe it's order to be an indicative ruling made pursuant to Federal Rule of Civil Procedure 62.1(a)(3).

Accordingly, we REMAND this case to the district court and DISMISS the appeal as moot and relinquish jurisdiction pursuant to Federal Rule of Appellate Procedure 12.1(b).

PER CURIAM:*

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