United States Fifth Circuit

In a dispute between a homeowner and his insurer over coverage for a mold-damage claim, orders excluding plaintiff's late-designated expert witnesses and granting summary judgment for insurer are reversed where: 1) the district court abused its discretion in excluding the late-designated witnesses as the expert testimony was essential, the prejudice to insurer was limited, and what prejudice remained could have been cured with a continuance; and 2) alternate grounds for affirming summary judgment are rejected.

Appellate Information

• Decided 02/28/2007
• Published 03/01/2007

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• M. Davis Purcell (argued), Wells, Purcell & Kraatz, Fort Worth, TX, for Betzel.


• For Appellees:
  
• Levon G. Hovnatanian (argued), Christopher Weldon Martin, Martin, Disiere, Jefferson & Wisdom, Houston, TX, Melinda R. Burke, Shannon, Gracey, Ratliff & Miller, Fort Worth, TX, Armando De Diego, The Law Office of Armando De Diego, Dallas, TX, for Defendant-Appellee.