DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
213422P.pdf 12/19/2022 Felicia Stone v. J & M Securities, LLC
U.S. Court of Appeals Case No: 21-3422
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Wollman and Stras, Circuit Judges]
Civil case - Civil procedure. Felicia has not been appointed as a
fiduciary or personal representative of her husband's estate, and her
motion to be substituted for him is denied; where plaintiffs filed the
notice of appeal after the district court entered judgment, but before the
district court ruled on a pending Rule 59(e) motion, the notice of appeal
did not become effective until the district court ruled on the motion, and
the notice of appeal did not deprive the district court of jurisdiction to
rule on the Rule 59(e) motion and to remand the case to state court; once
the district court remanded the matter to state court, it lacked
jurisdiction to review its order; the district court mistakenly vacated
its amended judgment and should not have reinstated its original judgment
dismissing the complaint with prejudice; remanded to the district court
with instructions to reinstate the amended judgment as to Felicia's claims
and to return the case to the Missouri state court.