NAZARETH GATES ET AL., PLAINTIFFS-APPELLEES,
v.
JOHN COLLIER, SUPERINTENDENT OF THE MISSISSIPPI STATE PENITENTIARY, ET AL., DEFENDANTS-APPELLANTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted rehearing and agreed to treat out-of-pocket costs and attorney's fees alike with respect to interest.
The court is reconsidering its prior decision regarding the award of interest on out-of-pocket costs and attorney's fees. The panel was divided on whe…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Interest On Costs cases and more on FLexlaw
PER CURIAM:
The majority, for reasons set forth in Judge Hill’s dissent,1 is now convinced that it was in error in distinguishing between so-called out of pocket costs, on the one hand, and attorney’s fees on the other.2
The result is that, while the Court remains divided on whether Carpa has to be overruled3 to permit interest on attorneys fees all are in agreement that out of pocket costs and attorneys’ fees, now including all court costs, are to be treated alike with respect to interest.
Appellees’ Petition for Rehearing by the panel is accordingly granted.
. “Although I am of the opinion that Carpa [Carpa, Inc. v. Ward Foods, Inc., 567 F. 2d 1316 (5th Cir.)] prevents the awarding of interest on out-of-pocket expenses, I must dissent from the majority’s holding disallowing interest on those costs.” 616 F. 2d 1268, 1280 (5th Cir. 1980).
“The question whether interest should be awarded on out-of-pocket costs is disposed of by the majority all too easily.... ‘firmly established in our jurisprudence’ is the principle that such costs do not bear interest.... simply do not support that statement. There is nothing in any of those opinions to the effect that some costs are interest bearing while others are not.” 616 F. 2d at 1282.
. .. “There is nothing to suggest that Congress considered attorneys’ fees more important or less important than other litigation expenses .... there is more reason to allow interest on out-of-pocket expenses than on attorneys’ fees.” 616 F. 2d at 1282.
. . . “Were I not of the opinion that Carpa prevents us from allowing interest on any part of costs, 1 would not hesitate to hold that these plaintiffs should have interest on their out-of-pocket costs.” 616 F. 2d at 1282-83.
. . . “As noted above, most federal courts have found no barrier to awarding interest on costs.” 616 F. 2d at 1283.
. See p. 1279 and n.17.
. This issue is the subject of appellants’ Petition for Rehearing En Banc now pending before the full Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Faithy Dowdell v. The City OF Apopka, 698 F.2d 1181 (11th Cir. 1983)
-
Copper Liquor, Inc. v. Adolph Coors Co., 701 F.2d 542 (5th Cir. 1983)
-
Jones v. Cent. Soya Co., Inc., 748 F.2d 586 (11th Cir. 1984)
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carpa, Inc. v. Ward Foods, Inc., 567 F.2d 1316 (5th Cir. 1978)
- Nazareth Gates v. Collier, 616 F.2d 1268 (5th Cir. 1980)
- Nazareth Gates v. Collier, 641 F.2d 403 (5th Cir. 1981)