Frazin v. Haynes & Boone, L.L.P., et al., No. 11-10403 (5th Cir. 2013)
Annotate this CaseAppellant appealed the judgment of the district court affirming the final judgment entered by the bankruptcy court on certain state-law counterclaims that appellant filed against appellees, attorneys who were authorized by the bankruptcy court to represent appellant in a separate lawsuit. The court concluded that the bankruptcy court was within its authority to enter a final judgment on appellant's state-law counterclaims for malpractice and breach of fiduciary duty, as these claims were necessarily resolved in the course of ruling on appellees' fee applications; the court agreed with the bankruptcy court that these claims failed on the merits; the court upheld the final judgment on the fee applications; the court held that the bankruptcy court erred in entering a final judgment on appellant's Texas Deceptive Trade Practices Act state-law counterclaim because it was not necessary to resolve it in the course of ruling on the attorneys' fee applications. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings.
The court issued a subsequent related opinion or order on November 13, 2013.
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