Myers v. Manchester Ins., 572 F.2d 134 (5th Cir. 1978). · Go Syfert
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Myers v. Manchester Ins., 572 F.2d 134 (5th Cir. 1978). Cases Citing This Book View Copy Cite
11 citation events (3 in the last 25 years) across 5 distinct courts.
Strongest positive: Roth v. Islamic Republic of Iran (dcd, 2015-01-27)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Roth v. Islamic Republic of Iran
D.D.C. · 2015 · confidence medium
Co., 572 F.2d 134, 134 (5th Cir.1978) (per curiam) (holding that appellant waived its challenge to appellee's capacity by failing to raise the matter until the post-trial conference); cf. RK Co. v. See, 622 F.3d 846, 850 (7th Cir.2010) (concluding that a rule 17(a) objection that a party is not the "real party in interest” is a defense subject to waiver). 11 .
discussed Cited "see" Bernstein Seawell & Kove v. W.E. Bosarge, Jr.
5th Cir. · 1987 · signal: see · confidence high
See Myers v. Manchester Insurance & Indemnity Co., 572 F.2d 134 , 184 (5th Cir.1978) (appellant waived its right to challenge appellee’s representative capacity by failing to object until the post-trial conference).
cited Cited "see" MTO Maritime Transport Overseas, Inc. v. UMM Al Jawaby Petroleum Co., N.V.
S.D. Tex. · 1985 · signal: see · confidence high
See Myers v. Manchester Insurance & Indemnity Co., 572 F.2d 134 (5th Cir.1978), citing, Pace v. General Electric Co., 55 FRD 215, 16 Fed.R.Serv.2d 529 (W.D.Pa. 1972).
cited Cited "see" Henderson v. United States Fidelity & Guaranty Co.
5th Cir. · 1983 · signal: see · confidence high
See Myers v. Manchester Insur. & Indemnity Co., 572 F.2d 134 (5th Cir.1978) (objection to a party’s capacity to sue is waivable).
cited Cited "see" H.H. Henderson v. United States Fidelity And Guaranty Company
5th Cir. · 1983 · signal: see · confidence high
See Myers v. Manchester Insur. & Indemnity Co., 572 F.2d 134 (5th Cir.1978) (objection to a party's capacity to sue is waivable).
Retrieving the full opinion text from the archive…
Mrs. Marlin Myers, Individually and for Use and Benefit of Her Minor Daughter, Robin Myers
v.
Manchester Insurance & Indemnity Company and Playland Amusements, Inc.
75-1346.
Court of Appeals for the Fifth Circuit.
Apr 26, 1978.
572 F.2d 134
Published

572 F.2d 134

Mrs. Marlin MYERS, Individually and for use and benefit of
her minor daughter, Robin Myers, Plaintiff-Appellee,
v.
MANCHESTER INSURANCE & INDEMNITY COMPANY and Playland
Amusements, Inc., Defendants-Appellants.

No. 75-1346.

United States Court of Appeals,
Fifth Circuit.

April 26, 1978.

George Mathews, Baton Rouge, La., for defendants-appellants.

Edward J. Norton, Jr., New Orleans, La., for plaintiff-appellee.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before MORGAN and GEE, Circuit Judges, and KING, District Judge.[*]

PER CURIAM:

1

In this diversity action, sounding in tort, appellant contends that appellee was without legal capacity to sue, as provided by F.R.C.P. Rule 17(b), that the evidence did not support the finding of liability, and that the award was excessive. We disagree with appellant and affirm. As held below, at the pre-trial conference, the parties stipulated that capacity existed in the appellee. Additionally, appellant failed to object to lack of capacity until the post-trial conference. Under these circumstances we hold that appellant waived its challenge to the appellee's capacity. Cf. Pace v. General Electric Co., 55 F.R.D. 215 (D.C.Pa.1972). (Court permitted waiver of Rule 17(a) objection to real party in interest unless jurisdiction was impaired.) Additionally, we are convinced the proper tort law was applied and that the determination of negligence was not clearly erroneous. F.R.C.P. Rule 52(a), 28 U.S.C.A. Finally, we are not persuaded that the amount of the award was so excessive as to be unreasonable. Machado v. States-Isthmian Agency, Inc., 411 F.2d 584, 586 (5th Cir. 1969). We therefore

2

AFFIRM.

*

United States District Judge for the Southern District of Florida, sitting by designation