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MARLIN v. MOODY NAT. BANK, N.A.

No. 07-20426.

533 F.3d 374 (2008)

M. Gene MARLIN; Old National Bank, Plaintiffs-Appellants, v. MOODY NATIONAL BANK, N.A.; Michael S. Hazlewood, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 30, 2008.

Attorney(s) appearing for the Case

Steven D. Smit, John Matney Harmon, Richard Douglas Yeomans (argued), Graves Dougherty, Hearon & Moody, Austin, TX, Larry R. Veselka, Smyser, Kaplan & Veselka, Houston, TX, for Plaintiffs-Appellants.

Constance H. Pfeiffer (argued), David J. Beck, David Michael Gunn, Russell Stanley Post (argued), Michael Ernest Richardson, Beck, Redden & Secrest, Houston, TX, Andrew Jan Mytelka, Joe A.C. Fulcher, Michael Gerard Adams, Greer, Herz & Adams, Galveston, TX, for Moody Nat. Bank.

Michael B. Hughes, David Elias Cowen, McLeod, Alexander, Powel & Apffel, Galveston, TX, for Hazlewood.

Before JONES, Chief Judge, and BARKSDALE and STEWART, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

In awarding summary judgment to Defendants, the district court, sua sponte, ruled that sanctions would be imposed against Plaintiffs M. Gene Marlin and Old National Bank; subsequently, after ordered filings and a hearing, it set the amount at approximately $640,000. Plaintiffs maintain the sanctions were improper under Federal Rule of Civil Procedure 11, including: the district court's not issuing the requisite show-cause...

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