CARLOS CALBILLO, PLAINTIFF-APPELLEE,
v.
SAN JACINTO JUNIOR COLLEGE, TO WIT: DR. O. W. MARCOM ET AL., DEFENDANTS-APPELLANTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The district court's sua sponte order vacating its prior dismissal was vacated because it was entered without a justiciable controversy, violating Article III jurisdiction.
After the appellate court remanded for consideration of mootness, the district court dismissed the case. Subsequently, the district court sua sponte v…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
BY THE COURT:
The prior history of this litigation is reported, 305 F.Supp. 857 and 434 F. 2d 609. The action of this Court was to remand the appeal from a preliminary injunction for consideration of its possible mootness by the lower court.
On December 31, 1970, the district court vacated its preliminary injunction and dismissed the case as moot. On the face of the order of dismissal the attorneys for the parties noted their approval.
Thereafter, on January 25, 1971, the district court, sua sponte, without notice to the parties, entered an order alluding to an amended Junior College regulation which had been adopted subsequent to our remand. The amended regulation was not then under attack or challenge from Carlos Calbillo or any other litigant.
Since the district court on January 25, 1971, did not have before it any justicia-ble cause or controversy, requisite to jurisdiction, Article III, Constitution of the United States, the Order of that date is vacated and the Order of December 31, 1970, is affirmed, terminating this litigation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Calbillo v. SAN Jacinto Junior Coll., 434 F.2d 609 (5th Cir. 1970)