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DuPont v. S. Nat’l Bank, 771 F.2d 874 (5th Cir. 1985). (Motion to Dismiss; Attorney Ad Litem)
When the court initially grants a party’s motion to dismiss, but later issues an opinion that implicitly denies part of their claim, it effectually denies that party the right to present evidence on those issues. This violates both Rule 41(b) and the due process clause and is grounds for vacating and remanding that portion of the opinion. When an attorney ad litem acts to preserve a trust for the benefit of a minor, then the attorney’s expenses, although not taxable as costs, can be recovered from the trust.