Kevin Nixon; Brandon Ancelet v. Buryl Wheatley; Pd George Company

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
October 27, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40148
KEVIN NIXON; BRANDON ANCELET
Plaintiffs - Appellants
v.
BURYL WHEATLEY; PD GEORGE COMPANY
Defendants - Appellees
--------------------
Appeal from the United States District Court
for the Eastern District of Texas, Beaumont
No. 1:05-CV-51
--------------------
Before KING, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
“A party must reserve its right to appeal prejudgment
rulings in the offer of judgment, otherwise no appeals from
judgment will be allowed.” Ramming v. Natural Gas Pipeline Co.
of Am., 390 F.3d 366, 370 (5th Cir. 2004) (emphasis in original).
Plaintiffs’ failure to do so here extinguished their right to
appeal, and their subsequent statement purporting to reserve this
right could not resurrect it.

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2
The Motion to Dismiss the Case is GRANTED. Appeal
DISMISSED. Costs shall be borne by plaintiffs.

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