United States Fifth Circuit

In a suit over a flood-insurance claim, dismissal for failure to effect timely service is reversed and remanded where: 1) there was no clear record of delay or of intentional misconduct; and 2) remand was necessary for consideration of whether the service of process could be attacked on the basis of plaintiff's having served the wrong defendant.

Appellate Information

• Decided 10/16/2008
• Published 10/16/2008

Judges

• HAYNES, Circuit Judge:, Before JOLLY, BARKSDALE and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Stanley A. Millan, Metairie, LA, for plaintiff-appellant.


• For Appellees:
  
• Gerald Joseph Nielsen, Mary Ellen Wyatt, Nielsen Law Firm, Metairie, LA, for defendant-appellee.