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212266P.pdf 07/15/2022 Wagstaff & Cartmell, LLP v. Neal Lewis
U.S. Court of Appeals Case No: 21-2266
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Smith, Author, with Benton and Kelly, Circuit Judges]
Civil case. In action seeking a declaratory judgment regarding plaintiff's
responsibility to share attorney's fees with defendant for work done in a
wrongful death action, the district court did not err in denying
defendant's motion to dismiss for lack of subject-matter jurisdiction as
the record supported the district court's finding that there was diversity
of citizenship; the district court did not abuse its discretion by denying
defendant's motion to dismiss his counterclaims without prejudice; nor did
the court abuse its discretion by denying his motion for permission to
file a second amended answer; on this record, the district court properly
applied the appropriate factors in denying defendant's motion to dismiss
the declaratory judgment action on the basis of the abstention doctrine;
the district court did not err in denying defendant's motion to alter or
amend the judgment or, in the alternative to grant relief from judgment.