Norris v. Thomas

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
August 22, 2007
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-51215
Summary Calendar
In The Matter Of: THOMAS EUGENE NORRIS SR;
KAREN LYNN NORRIS;
Debtors,
THOMAS EUGENE NORRIS SR; KAREN LYNN NORRIS,
Appellants
versus
JOHNNY W THOMAS, Trustee
Appellee.
Appeal from the United States District Court
For the Western District of Texas
(5:04-CV-217)
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:
Thomas and Karen Norris challenge the bankruptcy court’s
ruling, affirmed by the district court, that their boat does not
qualify as a homestead in bankruptcy. On June 20, 2005 we
certified the question to the Supreme Court of Texas, thus:
Does a motorized waterborne vessel, used as a primary
residence and otherwise fulfilling all of the
requirements of a homestead except attachment to land,
qualify for the homestead exemption under Article 16, §§
50 and 51 of the Texas Constitution?1
On February 9, 2007, the Supreme Court of Texas issued its opinion
in response to our certified question, holding that a boat cannot
qualify as a homestead.2 In light of this decision by the Supreme
Court of Texas, the judgment of the district court is
AFFIRMED.
1
In re Norris, 413 F.3d 526 (5th Cir. 2005).
2
See Norris v. Thomas, 215 S.W.3d 851 (Tex. 2007).
2