Lee v. D.R. Horton, No. 23-30416 (5th Cir. 2023)

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Case: 23-30416 Document: 00516987470 Page: 1 Date Filed: 12/01/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED December 1, 2023 No. 23-30416 Summary Calendar ____________ Lyle W. Cayce Clerk Lindsey Lee; Wayne Ballard, Jr.; Jennifer Ballard; Ronald Roberts, III; Kathryn Roberts; Zachary Russell; Lacey Russell; Luis Hinostroza; Tim Addison, II; Stacy Addison; Jonathan McMorris; Gilbert Bankston, III, Plaintiffs—Appellants, versus D.R. Horton, Incorporated; D.R. Horton, Incorporated - Gulf Coast; Acadian Trace HOA, Incorporated; George Kurz; Jake Lambert; David Stanton; Productions Builder Services, Incorporated, doing business as Carter & Clark, Defendants—Appellees. ______________________________ Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:21-CV-442 ______________________________ Case: 23-30416 Document: 00516987470 Page: 2 Date Filed: 12/01/2023 No. 23-30416 Before Jones, Southwick, and Ho, Circuit Judges. Per Curiam: * We AFFIRM the district court’s order for the reasons stated in the order. However, we VACATE the dismissal with prejudice and instruct the district court on remand to dismiss the subject claims without prejudice. See Johnson v. Pettiford, 442 F.3d 917, 918–19 (5th Cir. 2006). _____________________ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 2

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