United States Fifth Circuit

Where a plaintiff sues the wrong party, the district court is within its discretion to award attorneys' fees for the portion of trial occurring after plaintiff could have amended the complaint to name the correct party.

Appellate Information

• Decided 09/05/2001
• Published 09/05/2001

Judges

• JERRY E. SMITH, Circuit Judge:, Before JOLLY, SMITH, and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kenneth D. Carden (argued), The Carden Law Office, Dallas, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Jackson D. Wilson, II (argued), Christopher M. McDowell, Brown, McCarroll, Oaks & Hartline, Dallas, TX, for Defendant-Appellee.