The Fifth Circuit's Court of Appeals decided to play the game of a Texas Attorney who moved for a panel rehearing. A motion itself is nothing new, but the way Texas attorney Chad Flores attempted to make his point certainly bears reflection. He presented the court with a hypothetical conversation between an attorney and his disappointed client in order to demonstrate to the court how silly it would be to affirm the lower court decision.
We've read Flores' petition and credit ought to be given where credit is due. The petition is easy to read and the point of the paper is well taken. Unfortunately, for Flores and his client, the Fifth Circuit denied his petition and did so with a little of Flores' style.