Smith v. St. Paul Fire & Marine Insurance

Fifth Circuit

Smith v. St. Paul Fire & Marine Insurance

500 F.2d 1131, 1974 U.S. App. LEXIS 6809

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 19, 1974

DocketNo. 74-1843

StatusPublished

This text of 500 F.2d 1131 (Smith v. St. Paul Fire & Marine Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. St. Paul Fire & Marine Insurance, 500 F.2d 1131, 1974 U.S. App. LEXIS 6809 (5th Cir. 1974).

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Opinion

PER CURIAM:

This is the second appearance of this legal malpractice case in this court. On the former appeal, 471 F.2d 840 (5th Cir. 1972), we reversed and remanded an order of the district court, 344 F.Supp. 555, granting summary judgment in favor of the appellee because we felt that the facts with respect to negligence and proximate cause had not been sufficiently developed to support summary judgment. Upon remand the district court held a full evidentiary hearing and made detailed findings of fact and conclusions of law. After careful consideration of the briefs, trial record and the opinion and findings of the district court, 366 F.Supp. 1283 (M.D.La.1973), we are unable to conclude that the district court committed error.

Judgment affirmed.

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PER CURIAM:

This is the second appearance of this legal malpractice case in this court. On the former appeal, 471 F.2d 840 (5th Cir. 1972), we reversed and remanded an order of the district court, 344 F.Supp. 555, granting summary judgment in favor of the appellee because we felt that the facts with respect to negligence and proximate cause had not been sufficiently developed to support summary judgment. Upon remand the district court held a full evidentiary hearing and made detailed findings of fact and conclusions of law. After careful consideration of the briefs, trial record and the opinion and findings of the district court, 366 F.Supp. 1283 (M.D.La.1973), we are unable to conclude that the district court committed error.

Judgment affirmed.

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500 F.2d 1131, 1974 U.S. App. LEXIS 6809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-st-paul-fire-marine-insurance-ca5-1974.

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