Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

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UNITED STATES COURT OF APPEALS
for the Fifth Circuit
_____________________________________
No. 93-3102
_____________________________________
FLO ZELDA WATTS, A MENTALLY INCOMPETENT PERSON
by Richard E. Franklin, her Curator, Guardian
and Conservator,
Plaintiff-Appellant,
VERSUS
WILLIAM RICE LUMMIS as the Provisional, Temporary and
Co-Administrator of the Succession for Howard R. Hughes, Jr.;
deceased; William Rice Lummis, Et Al.,
Defendants-Appellees.
______________________________________________________
Appeal from the United States District Court for the
Eastern District of Louisiana
______________________________________________________
(January 14, 1994)
On Petition for Rehearing and Suggestion for
Rehearing En Banc
Before REAVLEY and DAVIS, Circuit Judges, and Trimble1, District
Judge.
BY THE COURT:
The appellant's petitions for panel rehearing and rehearing en
banc are denied.
The appellant's petitions for rehearing and rehearing en banc
prompt us to impose further sanctions because of the legally
baseless claims she has relentlessly urged and continues to urge in
this appeal. Sanctions were imposed in a previous suit involving
1 District Judge of the Western District of Louisiana, sitting
by designation.

virtually identical claims, see Ganoe v. Lummis, 662 F.Supp. 718
(S.D.N.Y. 1987), aff'd, 841 F.2d 1116 (2d Cir. 1988), cert. denied,
487 U.S. 1206, 108 S.Ct. 2848 (1988), and we imposed double costs
after summarily rejecting this appeal. The motions currently urged
by the appellant are frivolous and only serve to multiply and
prolong this vexatious litigation. We therefore impose sanctions
in the amount of $3,500 jointly and severally against appellant and
her attorneys, Dennis L. Tomlin and E. Lynn Singleton, and in favor
of appellee Lummis pursuant to Fed. R. App. P. 38.
2