HCB FINANCIAL CORP. v. McPHERSON

No. 20-50718.

8 F.4th 335 (2021)

HCB FINANCIAL CORPORATION, Plaintiff-Appellant, v. Lee K. McPHERSON, in her individual capacity and in her capacity as trustee of the trust U/W/O Babette L. Wiener dated 10/30/1984, also known as Lee Kennedy, also known as Lee F. Kennedy, also known as Lee K. Freyer; Brenda L. Adkinson; Harry Rauch Freyer, in his individual capacity and in his capacity as trustee of the trust U/W/O Babette L. Wiener dated 10/30/1984; Emmanuel Kniahynycky; Neil McPherson; Samuel Reynolds; Anita L. Williams; Palms Destin Holdings, L.L.C.; Michael William Mead; Mead Law; Title, P.L.L.C.; Jeffrey L. Hall; et al, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed August 4, 2021.


Attorney(s) appearing for the Case

Fred Lee Butler, Esq. , Adams & Reese, L.L.P., Houston, TX, Robin Bryan Cheatham , Scott Robert Cheatham , Jeffrey Edward Richardson , Adams & Reese, L.L.P., New Orleans, LA, for Plaintiff-Appellant.

Sherrard Hayes, II , Danielle Katharina Hatchitt , Geoffrey D. Weisbart , Weisbart Springer Hayes, L.L.P., Austin, TX, for Defendant-Appellee Lee K. McPherson.

Joseph Robert Knight , Alithea Z. Sullivan, Esq. , Ewell, Brown, Blanke & Knight, L.L.P., Austin; TX, for Defendants-Appellees Brenda L. Adkinson, Harry Rauch Freyer, Emmanuel Kniahynycky, Samuel Reynolds, Anita L. Williams.

Vaughan Eugene Waters, Esq. , Laura Flores Macom , Richard J. Reynolds, III, Esq. , Thornton, Biechlin, Reynolds & Guerra, L.C., San Antonio, TX, for Defendants-Appellees Michael William Mead, Mead Law & Title, P.L.L.C.

Michael Brian Johnson , Timothy John Stostad , Thompson, Coe, Cousins & Irons, L.L.P., Austin, TX, for Defendant-Appellee Jeffrey L. Hall.

Before Clement, Haynes, and Wilson, Circuit Judges.


Several years ago, in a separate lawsuit, HCB Financial Corp. won a $2 million judgment against Lee McPherson for a defaulted loan. After years of unsuccessful attempts to collect, HCB filed this lawsuit against McPherson and the other defendants (collectively, "McPherson"), seeking treble damages under the Racketeer...

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