HALL v. WHITE, GETGEY, MEYER CO., LPA

No. 04-50707.

465 F.3d 587 (2006)

B.J. HALL, Plaintiff-Appellant, v. WHITE, GETGEY, MEYER COMPANY, LPA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 2006.


Attorney(s) appearing for the Case

Gary Forrest DeShazo (argued), Gary F. DeShazo & Associates, Jerome John Schiefelbein, Gunn & Schiefelbein, Austin, TX, for Hall.

Thad D. Spalding (argued), Law Offce of Thad D. Spalding, Idolina Garcia, Hermes Sargent Bates, Dallas, TX, for Defendant-Appellee.

Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.


OWEN, Circuit Judge:

In this diversity suit, we hold that the law of the case doctrine does not preclude us from recalling and modifying this court's mandate issued at the conclusion of a prior appeal, and we recall and reform that mandate to permit the award of pre- and post-judgment interest. We further hold that the 2003 amendments to the Texas Finance Code govern the pre-judgment interest rate and that 28 U.S.C. § 1961(a) governs the post-judgment interest...

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