DONALD L. COLLINS AND HANNAH CASE SNELLGROVE COLLINS, PLAINTIFFS-APPELLANTS,
v.
AMOCO PRODUCTION COMPANY, AMERICAN OIL COMPANY, ET AL., DEFENDANTS-APPELLEES

11th Cir. | 1983-06-06
No. 83-7204
706 F.2d 1114 Court of Appeals for the Eleventh Circuit (1983) Positive Treatment
Cited by 12 cases
Opinion of the Court
BY THE COURT:

BY THE COURT:

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Leyda Hernandez v. The HERTZ Corp., 867 F.2d 1330 (11th Cir. 1989)
    …sed. 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.…
  • Hobson v. Fischbeck, 758 F.2d 579 (11th Cir. 1985)
    …s’ fees against Hobson for filing a frivolous appeal. We have held that, where an appeal is patently frivolous, the court may assess damages to the appellee, including reasonable attorneys’ fees and double costs. See Collins v. Amoco Production Co., 706 F. 2d 1114, 1115 (11th Cir.1983); see also Parker v. Commissioner, 724 F. 2d 469, 472 (5th Cir.1984); Lonsdale v. Commissioner, 661 F. 2d 71, 72 (5th Cir.1981) (warning litigants that the continued advancing of long-defunct arguments invites sanctions). The…
  • Waters v. Commissioner OF Internal Revenue, 764 F.2d 1389 (11th Cir. 1985)
    …k, [*1390] 758 F. 2d 579 (11th Cir.1985), we stated: We have held that, where an appeal is patently frivolous, the court may assess damages to the appellee, including reasonable attorneys’ fees and double costs. See Collins v. Amoco Production Co., 706 F. 2d 1114, 1115 (11th Cir.1983); see also Parker v. Commissioner, 724 F. 2d 469, 472 (5th Cir.1984); Lonsdale v. Commissioner, 661 F. 2d 71, 72 (5th Cir. 1981) (warning litigants that the continued advancing of long-defunct arguments invites sanctions). 758…

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