Here, the Fifth Circuit is, in effect, reaching the merits to issue remand instructions. Perhaps that is what is meant by 'gamesmanship'.
Judge Edison omits quotation for a reason, Atlas denies atty fees : Rodriguez v. Quicken Loans, Inc., (S.D. Tex. 2017) (quotation omitted).
Mortgage Servicer is entitled to recover the sum of $21,869.84 in attorney's fees and expenses and accordance with the Deed of Trust.