Iscavo Avocados USA, LLC v. Pryor, No. 19-40253 (5th Cir. 2020)Annotate this Case
Iscavo and Villita filed suit against defendant and his now-defunct product distribution company, Coram Deo, for violations of the Perishable Agricultural Commodities Act. The Fifth Circuit affirmed the district court's grant of summary judgment for Iscavo and Villita, holding that defendant was properly held personally liable for the amounts Coram Deo owed for avocados under the Act.
The court affirmed the district court's award of attorney fees to Villita, but vacated and remanded the award of attorneys' fee to Iscavo for the district court to explain the basis for its award. In this case, it was unclear from the record whether Iscavo's invoice required Coram Deo to pay attorneys' fees incurred in Iscavo's collection efforts, and the district court gave no explanation for its award to Iscavo.