United States Fifth Circuit

In an action brought by a wholesale supplier of fresh fruits and vegetables arising from defendant's failure to pay for certain deliveries, a judgment finding for defendant finding that plaintiff waived its rights under the Perishable Agricultural Commodities Act (PACA) is affirmed where plaintiff waived its right to PACA trust protection by entering into a written post-transaction agreement to allow defendant to make payments beyond thirty days after delivery of the produce.

Appellate Information

• Decided 01/23/2008
• Published 01/24/2008

Judges

• PRADO, Circuit Judge:, Before WIENER, DeMOSS, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Craig Alan Stokes (argued), Jessie Lopez, Santos Stokes, LLP, San Antonio, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Dennis Albert McQueen (argued), Pagel, Davis & Hill, Houston, TX, for Defendants-Appellees.