Cameron County Fresh v. Nuevacorp 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-41499
_____________________
CAMERON COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1, now known as Laguna
Madre Water District; ET AL;
Plaintiffs,
CAMERON COUNTY FRESH WATER SUPPLY
DISTRICT NO. 1, now known as Laguna
Madre Water District;
Plaintiff-Appellant,
versus
NUEVACORP INC. d/b/a Sand Dollar Realty
and Management; JOHN P. THOBE
Defendants-Appellees.
_________________________________________________________________
Appeals from the United States District Court
for the Southern District of Texas
USDC No. 96-CV-119
_________________________________________________________________
July 6, 2001
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
We have considered carefully the complex and tortured record
in this case, examining its travels through the state court, then
to the district court, then to the bankruptcy court, and finally to

-- 1 of 2 --

2
the district court once again. We conclude that the district court
did not err in dismissing the claims asserted in this appeal. This
case has been pending since South Bay Links filed its original
petition on August 9, 1995. Our consideration of the record,
briefs, and oral argument leads us to the conclusion that the only
alleged damages that the appellants have not abandoned and can
articulate relate to the cost of pre-litigation negotiations with
South Bay Links for the water contracts, the attorney’s costs and
fees for the defense of the South Bay lawsuit brought against the
Water District, and the attorneys’ costs and fees relating to
Thobe’s intervention against the Water District, all of which seem
to have been disregarded or transformed by the district court into
a request for sanctions against Thobe and Nuevacorp. Even when
these incurred costs are considered as damages alleged in the
complaint, the Water District fails to allege facts sufficient to
establish causation on the part of Thobe and Nuevacorp.
Furthermore, when these costs are treated as sanctions, we hold
that the district court did not abuse its discretion in denying
sanctions against Thobe and Nuevacorp. The judgment of the
district court is therefore
A F F I R M E D.

-- 2 of 2 --