Case: 17-11328 Date Filed: 04/30/2019 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 17-11328
Non-Argument Calendar
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D.C. Docket No. 1:16-cv-01062-RWS
DEXTER HENNINGTON,
Plaintiff-Appellant,
versus
NATIONSTAR MORTGAGE, LLC,
a foreign (non-Georgia incorporated) corporation,
Defendant-Appellee,
DOES 1-10,
Defendant.
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Appeal from the United States District Court
for the Northern District of Georgia
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(April 30, 2019)
Case: 17-11328 Date Filed: 04/30/2019 Page: 2 of 2
Before ED CARNES, Chief Judge, ANDERSON, and JULIE CARNES, Circuit
Judges.
PER CURIAM:
The district court dismissed the underlying lawsuit in this appeal based on
application of the doctrine of judicial estoppel because of the plaintiff-appellant’s
failure to disclose that he had pending Truth in Lending Act claims against the
mortgagee or its successor-in-interest involving a mortgage on some of the
plaintiff’s property. After the appeal was filed, this Court decided Slater v. United
States Steel Corp.,
871 F.3d 1174 (11th Cir. 2017) (en banc). The district court has
not had an opportunity to decide whether to apply the doctrine of judicial estoppel,
as refined in Slater, under the facts and circumstances of this case. Our review of
decisions involving judicial estoppel is limited to abuse of discretion.
For these reasons, we are remanding this case to the district court for it to
decide in the first instance if, in light of Slater, judicial estoppel bars the TILA
claims in this lawsuit. In doing so, we express no view on that issue.
VACATED AND REMANDED.
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