January 17, 2003
Fifth Circuit Court of Appeals

The Fifth Circuit Court of Appeals on Friday overturned a ruling by Galveston Federal District Court Judge Sam Kent in the lawsuit between the Galveston Park Board of Trustees and the law firm of McLeod, Alexander, Powell and Apffel, remanding the case back to Kent's court "with instructions to dismiss the case."

The law suit claimed that MAPA attorney Dan Vaughn was guilty of malpractice because he represented Betta Beach in the same case and did not properly inform the park board.

The appeals court ruled that Kent did not have jurisdiction in the case.

The ruling was critical of the law firm. "We affirm the district court's award of sanctions against MAPA for filing frivolous post-trial motions.  Each party shall bear its own costs."

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