From Casetext: Smarter Legal Research

Collins v. Amoco Production Company

United States Court of Appeals, Eleventh Circuit
Jun 6, 1983
706 F.2d 1114 (11th Cir. 1983)

Summary

imposing fees and costs under F.R.A.P. 38 for appealing order that was not final

Summary of this case from Lincoln Benefit Life Co. v. Edwards

Opinion

No. 83-7204.

June 6, 1983.

Donald L. Collins, pro se.

Lyons, Pipes Cook, Mobile, Ala., J.P. Courtney, III, Roger C. Suttle, Inzer, Suttle, Swann Stivender, Gadsden, Ala., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Alabama.

Before GODBOLD, Chief Judge, JOHNSON and CLARK, Circuit Judges.


This is an attempt by plaintiffs to appeal from an order denying their motion to disqualify opposing counsel in a civil case.

In 1981 the Supreme Court settled a conflict between the circuits by deciding that an order denying a disqualification motion is not appealable as a final decision within 28 U.S.C. Sec. 1291. Firestone Tire Rubber Co. v. Risjord, 449 U.S. 368, 101 S.Ct. 669, 66 L.Ed.2d 571 (1981). In view of this decisive Supreme Court authority the effort to appeal is palpably frivolous.

The appeal is DISMISSED. The trial court is directed to assess damages to the appellee caused by the appeal, to include a reasonable attorney's fee. Appellee is also awarded double costs. FRAP 38.


Summaries of

Collins v. Amoco Production Company

United States Court of Appeals, Eleventh Circuit
Jun 6, 1983
706 F.2d 1114 (11th Cir. 1983)

imposing fees and costs under F.R.A.P. 38 for appealing order that was not final

Summary of this case from Lincoln Benefit Life Co. v. Edwards
Case details for

Collins v. Amoco Production Company

Case Details

Full title:DONALD L. COLLINS AND HANNAH CASE SNELLGROVE COLLINS…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Jun 6, 1983

Citations

706 F.2d 1114 (11th Cir. 1983)

Citing Cases

Wright v. United States

Not only has final resolution been delayed for years by plaintiffs' tactics, but cases of other plaintiffs…

Waters v. C.I.R

We have held that, where an appeal is patently frivolous, the court may assess damages to the appellee,…