Case: 14-20717

Document: 00513398359

Page: 1

Date Filed: 02/26/2016

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT
No. 14-20717
FORUM SUBSEA RENTALS, formerly known as DPS Offshore,
Incorporated,
Plaintiff - Appellee
v.
TAREK A. ELSHARHAWY; SHELLY L. ELSHARHAWY, also known as
Shelly L. Chilman; GLOBALTECH OFFSHORE,
Defendants - Appellants

Appeal from the United States District Court

for the Southern District of Texas
ON PETITION FOR REHEARING
Before PRADO, SOUTHWICK, and GRAVES, Circuit Judges.
EDWARD C. PRADO, Circuit Judge:
Sometimes, in litigating a case, lawyers ought to put themselves in the
shoes of the judges before them. Consider the conversation that naturally flows
from Appellants Petition for Panel Rehearing here:
Judge 1:

Did you see Appellants petition for rehearing?

Judge 2:

No, what do they say?

Judge 3:

Well, they begin the petition with a strange hypothetical

conversation between a lawyer and client.

Case: 14-20717

Document: 00513398359

Page: 2

Date Filed: 02/26/2016

No. 14-20717
Judge 1:

I cannot imagine why they thought that was a good idea.

Judge 2:

Whats their argument?

Judge 3:

They say that we made a mistake by not expressly

addressing their personal jurisdiction argument.

Judge 2:

Thats silly. It goes without saying that there was personal

jurisdiction here.

Judge 1:

I agree. The company reached out to Appellee in Texas,

traveled to Texas to negotiate the contract, and entered
into a contract with a Texas corporation.

Judge 2:

So what do you think we should do about their petition?

Judge 1:

Deny it.

Judge 3:

I agree. Deny.

Judge 2:

Sounds right.
* * *

IT IS ORDERED that Appellants Petition for Panel Rehearing is

DENIED.