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FEDERAL SAV. & LOAN INS. CORP. v. TEXAS REAL ESTATE COUNSELORS

No. 90-8534.

955 F.2d 261 (1992)

FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION in its Capacity as Receiver for Franklin Savings Association, Plaintiff, Federal Deposit Insurance Corporation, Statutory Successor to Federal Savings and Loan Insurance Corporation, Plaintiff-Appellee, v. TEXAS REAL ESTATE COUNSELORS, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 20, 1992.

Attorney(s) appearing for the Case

Patricia Montgomery, Davis & Wilkerson, Austin, Tex., for defendants-appellants.

Joel Brenner, Storch & Brenner, Washington, D.C., amicus for Appraisal Institute, and others.

William S. Warren, III, Mark S. Cruzcosa, Pope, Hopper, Roberts & Warren, Austin, Tex., for plaintiff-appellee.

Michael H. Krimminger, Robert D. McGillicuddy, FDIC, Washington, D.C., for FDIC.

Before POLITZ, Chief Judge, and KING and JOHNSON, Circuit Judges.

KING, Circuit Judge:

Texas Real Estate Counselors, Inc. ("TREC") appeals from the district court's judgment holding it fifty-one percent responsible for damages resulting from a negligent appraisal of real estate. It contends that (1) the three grounds of negligence found by the district court are clearly erroneous; (2) the district court erred in calculating the plaintiff's damages; and (3) the district court abused its discretion in awarding prejudgment interest...

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