5th Circuit Remands Prewitt-Charter Appeal for Diversity Jurisdiction Finding

The 5th U.S. Circuit Court of Appeals ordered a limited remand to the district court “to determine whether diversity jurisdiction exists” in Prewitt Management’s appeal against Charter Communications, said the court’s opinion Wednesday (docket 23-50419). Prewitt’s appeal is asking the 5th Circuit to reverse the district court’s declaratory judgment absolving Charter of any further royalty obligations under a 1964 revenue-sharing cable-permit agreement signed by Charter and Prewitt predecessor companies (see 2309060033). If the U.S. District Court for Western Texas concludes that it has diversity jurisdiction over the appeal, its clerk “shall promptly supplement the appellate record with copies of the new filings below and the district court’s opinion on jurisdiction and forward the supplemental record to this court,” said the 5th Circuit’s order. Upon return to this court, “no further briefing will be necessary unless a party elects to appeal the district court’s finding of jurisdiction,” it said. In that case, supplemental letter briefs may be filed addressing this issue on a short briefing schedule to be established” by the 5th Circuit’s clerk, it said: “The case will be returned to this panel for disposition. If the district court concludes that it lacks jurisdiction, then it must vacate its judgment and dismiss the case.”