· 4/5/2013
Southern Walk at Broadlands Homeowner's Ass'n v. OpenBand at Broadlands, LLC
Citations
- 713 F.3d 175
- 58 Communications Reg. (P&F) 22
- 2013 WL 1364270
- 2013 U.S. App. LEXIS 6925
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a dismissal for lack of subject-matter jurisdiction must be without prejudice
- explaining that court lacking “jurisdiction has no power to adjudicate and dispose of a claim on the merits”
- “Any consumer harm the arrangement causes injures Southern Walk’s member households—not Southern Walk in its own right.”
- “A dismissal for lack of ... subject matter jurisdiction ... must be one without prejudice.”
- “It is well-established that parties cannot amend their complaints through 8 USCA4 Appeal: 23-1974 Doc: 89 Filed: 04/13/2026 Pg: 9 of 11 briefing or oral advocacy.”
- “Given the court’s lack of jurisdiction over the case, any alternative holdings based on consideration of and conclusions on the merits were beyond the power of the district court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkinson, Motz, Thacker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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