Rose v. Tech Industries Inc, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
1 Counsel for Appellant indicates that “Delle” is not his client’s middle name and does not
know when or how that name seeped interstitially into this case.
2 Defendant-Appellant Sfeir was dismissed and is not involved in this appeal.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 02-20044
_____________________
JOSEPH DELLE ROSE,
Plaintiff-Appellant,
versus
TECHNICAL INDUSTRIES, INC.; GEORGE
SFEIR,
Defendants-Appellees.
---------------------
Appeal from the United States District Court
for the Southern District of Texas
(H-00-CV-145)
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June 20, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Joseph Rose1 appeals the district court’s
$9,250 award to Defendant-Appellee Technical Industries, Inc.
(“Technical”)2 in response to Technical’s “Motion for
Reconsideration and for Award of Attorneys’ Fees.” The court

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2
characterized the award as “as a partial cost shifting (38),” not
as sanctions or attorneys’ fees. Rose asserts that there is no
authority for “cost shifting” applicable to the dismissal of his
suit against his former employer, Technical, for defamation and
breach of his employment agreement.
We have reviewed carefully the record on appeal and the briefs
of the parties, as a result of which we are not inclined to reverse
the award in question.
AFFIRMED.

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