United States Fifth Circuit

In a dispute arising following the parties' settlement agreement in connection with a prior permit application proceeding, a judgment partially for plaintiffs and various rulings against plaintiffs are affirmed over claims that: 1) a grant of summary judgment for defendant on a fraud claim was error; 2) a post-verdict decision ordering defendant to provide a new easement agreement rather than ordering it to convey a permanent easement outright by way of specific performance was error; 3) an award of over $14,000 in taxation of costs under Rule 68 was improper; and 4) the lower court abused its discretion in its award of attorneys' fees.

Appellate Information

• Decided 09/18/2007
• Published 09/19/2007

Judges

• PER CURIAM:, Before KING, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jennifer Scott Riggs (argued), Riggs & Aleshire, Austin, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Michael Randolph Shelbelskie, Sean Patrick Trende, Hunton & Williams, Richmond, VA, John Matthew Sjoberg (agued), Jackson, Sjoberg, McCarthy & Wilson, Austin, TX, for Defendant-Appellee.