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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.