United States Fifth Circuit

In the context of attorney's fees awards in circumstances where a party obtains a preliminary injunction but the opposing party moots the case before trial, in order to qualify as a prevailing party under 42 U.S.C. section 1988(b) a plaintiff must win a preliminary injunction based upon an unambiguous indication of probable success on the merits of the plaintiff's claims, as opposed to a mere balancing of the equities in favor of the plaintiff that causes the defendant to moot the action, which prevents the plaintiff from obtaining final relief on the merits.

Appellate Information

• Decided 03/10/2008
• Published 03/11/2008

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before JONES, Chief Judge, and WIENER and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• William Chareles Bundren, Wm. Charles Bundren & Associates, Frisco, TX, for Dearmore.


• For Appellees:
  
• Robert A. Miller (argued), Prager & Miller, Dallas, TX, for Plaintiffs-Appellees., Michael John Betz (argued), Ronald Bradford Neighbor, Garland, TX, for Defendant-Appellant.