Hernandez v. Hertz Corporation

Full title: LEYDA HERNANDEZ, PLAINTIFF-APPELLEE, v. THE HERTZ CORPORATION…

Court: United States Court of Appeals, Eleventh Circuit

Date published: Mar 15, 1989

867 F.2d 1330 (11th Cir. 1989)

Opinion

No. 88-5415.

March 15, 1989.

Roland Gomez, Miami Lakes, Fla., for defendant-third party plaintiff-appellant.

Terry L. Redford, Thornton, David Murray, Miami, Fla., for plaintiff-appellee.

Appeal from the United States District Court for the Southern District of Florida, Thomas E. Scott, District Judge.

Before TJOFLAT and JOHNSON, Circuit Judges, and BROWN^_, Senior Circuit Judge.

_ Honorable John R. Brown, Senior U.S. Circuit Judge for the Fifth Circuit, sitting by designation.

PER CURIAM:

The appeal in this case is patently frivolous; moreover, the appellant knew that the appeal was frivolous when it was filed. The appeal is dismissed. On receipt of our mandate, the district court shall award the appellee any damages caused by the appeal, including a reasonable attorney's fee. The appellee is also awarded double costs. See Fed.R.App.P. 38; Collins v. Amoco Production Company, 706 F.2d 1114 (11th Cir. 1983).

DISMISSED.