United States Fifth Circuit

A judgment upon remand making an award to plaintiff in a legal malpractice case without any pre- or post-judgment interest is reversed in part and remanded where: 1) the law of the case doctrine did not preclude the court from recalling and modifying its mandate issued at the conclusion of a prior appeal; 2) the mandate is recalled and reformed to permit the award of pre- and post-judgment interest; and 3) 2003 amendments to the Texas Finance Code govern the pre-judgment interest rate and 28 U.S.C. section 1961(a) governs the post-judgment interest rate.

Appellate Information

• Decided 09/20/2006
• Published 09/21/2006

Judges

• OWEN, Circuit Judge:, Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gary Forrest DeShazo (argued), Gary F. DeShazo & Associates, Jerome John Schiefelbein, Gunn & Schiefelbein, Austin, TX, for Hall.


• For Appellees:
  
• Thad D. Spalding (argued), Law Offce of Thad D. Spalding, Idolina Garcia, Hermes Sargent Bates, Dallas, TX, for Defendant-Appellee.