Legal Opinion

Yesh Music v. Lakewood Church

Court of Appeals for the Fifth Circuit

Decided August 14, 2013No. 12-20520PublishedCited by 76 opinions

1Opinion of the Court

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 *358prejudice is a “final proceeding” under Rule 60(b) and the district court did not abuse its discretion in dismissing this case, we AFFIRM.

I

Plaintiff-Appellee Yesh Music is a general partnership comprised of Appellees Richard Cupolo and…

2Cases cited29 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
  4. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
  5. Business Guides, Inc. v. Chromatic Communications Enterprises, Inc.Supreme Court of the United States · 1991

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3Cited by76 opinions

  1. Adams v. USAA Casualty Insurance Co.Court of Appeals for the Eighth Circuit · 2017
  2. Mir v. L-3 Communications Integrated Systems, L.P.District Court, N.D. Texas · 2016
  3. Stephan Bechuck v. Home Depot USA, Incorporated, eCourt of Appeals for the Fifth Circuit · 2016
  4. National City Golf Finance v. Golf Cars of MississCourt of Appeals for the Fifth Circuit · 2018
  5. Waetzig v. Halliburton Energy Services, Inc.Supreme Court of the United States · 2025

71 more not listed; retrieve them via the Exa API.

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