TaiLexi AI U.S. Case Law

Stevenson v. Federal Savings & Loan Insurance

David Barton STEVENSON v. FEDERAL SAVINGS & LOAN INSURANCE CORP., as Receiver for Gibraltar Savings Assoc.

Stevenson v. Fed. Sav. & Loan Ins., 716 F. Supp. 981 (S.D. Tex. 1989)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court, S.D. Texas · Federal District Courts
Decided
July 28, 1989
Docket
No. G-89-026
Judges
Gibson
Citations
716 F. Supp. 9811989 WL 881391989 U.S. Dist. LEXIS 9238

Opinion of the Court — Gibson

Text extracted by OCR from a scanned original; check the original for exact wording.

MEMORANDUM ORDER HUGH GIBSON, District Judge.

Plaintiff filed this DTPA action against Gibraltar Savings in June or July of 1987, *982 in the 149th District Court of Brazoria County, Texas. On December 26, 1988, Gibraltar was declared insolvent, and the Federal Savings & Loan Insurance Corporation (FSLIC) was appointed as its receiver. The case was then removed to this Court. Now pending before the Court is FSLIC’s motion to dismiss.

The Court finds FSLIC’s motion is well taken. Dismissal is appropriate because the case is lacking in justiciability. A justi-ciable claim is one that is not academic or moot. Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 240 , 57 S.Ct. 461, 463 , 81 L.Ed. 617 (1937). In the case sub judice, even if the plaintiff were to succeed on his claims, his status would not be enhanced. A judgment in plaintiff’s favor would merely make him a general unsecured creditor of the receivership. Since the Federal Home Loan Bank Board (Bank Board) has already determined that the failed institution’s assets were insufficient to cover its liabilities to its secured creditors and depositors, there is nothing for the plaintiff to recover. Absent a court decision that the Bank Board’s worthlessness determination was arbitrary and capricious, and a subsequent agency determination that assets do exist to pay the unsecured creditors, there is no effectual relief that can be granted in the plaintiff’s favor. Mills v. Green, 159 U.S. 651, 653 , 16 S.Ct. 132, 133 , 40 L.Ed. 293 (1895). In other words, the case is moot. See id. Moreover, the benefits, if any, to be derived from adjudicating the plaintiff’s worthless claims are greatly outweighed by the expense of litigation. Judicial resources are scarce enough, and to permit gratuitous litigation would only exacerbate the problem. Accordingly, equitable considerations demand that this case be dismissed.

It is, therefore, ORDERED, ADJUDGED, and DECREED that the defendant’s motion to dismiss is GRANTED. This case is DISMISSED.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1990: 119902026peak 1990 · 1

Relies on it most ⓘ

  1. Adams v. Resolution Trust Corp.731 F. Supp. 352 (D. Minnesota 1990)

Most recent

  1. Adams v. Resolution Trust Corp.731 F. Supp. 352 (D. Minnesota 1990)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Mills v. Green, 159 U.S. 651 (1895) 917
Aetna Life Ins. v. Haworth, 300 U.S. 227 (1937) 2,752

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list