349 F. App'x 868

Dan ARVIE, Plaintiff-Appellant v. DIAMOND OFFSHORE DRILLING, INC., Defendant-Appellee.

No. 06-31304

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

July 10, 2009.

Timothy John Young, The Young Firm, New Orleans, LA, for Plaintiff-Appellant.

Michael Philip Mentz, Hailey, McNamara, Hall, Larmann & Papale, Metairie, LA, for Defendant-Appellee.

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM: *

Dan Arvie allegedly sustained injuries while working a seaman for Diamond Offshore Drilling, Inc. Arvie sued Diamond for negligence and unseaworthiness under the Jones Act, 46 U.S.C. § 30104, and for maintenance and cure. A jury returned a verdict in favor of Diamond on all counts, and Arvie appealed without counsel. In a brief to this court, an appellant’s argument section must contain the “appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.” Fed. R.App. P. 28(a)(9)(A); see Moore v. FDIC, 993 F.2d 106, 107 (5th Cir.1993). The argument section of Arvie’s brief, in its entirety, reads as follows: “There was enough evidence for the jury to find the Defendant Diamond at least 51% responsible. When there is enough evidence the jury cannot decide there was no negligence.” Without further citation to authorities or the record, Arvie then requests a new trial. Such briefing fails to comply with Federal Rule of Appellate Procedure 28, meriting dismissal. See Moore, 993 F.2d at 107. We will, of course, consider a *869motion for rehearing if the motion is supported by adequate briefing. See id.1

For the foregoing reasons, the appeal is DISMISSED.

Arvie v. Diamond Offshore Drilling, Inc.
349 F. App'x 868

Case Details

Name
Arvie v. Diamond Offshore Drilling, Inc.
Decision Date
Jul 10, 2009
Citations

349 F. App'x 868

Jurisdiction
United States

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