LEYDA HERNANDEZ, PLAINTIFF-APPELLEE,
v.
THE HERTZ CORPORATION, DEFENDANT-THIRD PARTY PLAINTIFF-APPELLANT, V. ALEJANDRO HERNANDEZ, THIRD PARTY DEFENDANT-APPELLEE
LEYDA HERNANDEZ, PLAINTIFF-APPELLEE,
THE HERTZ CORPORATION, DEFENDANT-THIRD PARTY PLAINTIFF-APPELLANT, V. ALEJANDRO HERNANDEZ, THIRD PARTY DEFENDANT-APPELLEE
867 F.2d 1330
Court of Appeals for the Eleventh Circuit (1989)
Positive Treatment
Cited by 20 cases
Opinion of the Court
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.
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Citator
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Wilton v. Seven Falls Co., 515 U.S. 277 (U.S. 1995)…5 (CA8 1994) (reviewing for abuse of discretion); Christopher P. v. Marcus, 915 F. 2d 794, 802 (CA2 1990) (same), with Genentech, Inc. v. Eli Lilly & Co., 998 [*282] F. 2d 931, 936 (CA Fed. 1993) (reviewing de novo); Cincinnati Ins. Co. v. Holbrook, 867 F. 2d 1330, 1333 (CA11 1989) (same). We now affirm. II Over 50 years ago, in Brillhart v. Excess Ins. Co. of America, 316 U. S. 491 (1942), this Court addressed circumstances virtually identical to those present in the case before us today. An insurer, anti…
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Mitcheson v. Harris, 955 F.2d 235 (4th Cir. 1992)…e court does not approach the case in a wholly deferential posture. Rather, as numerous circuits have agreed, the appellate court must exercise its own judgment in reviewing the various interests at stake. See, e.g., Cincinnati Ins. Co. v. Holbrook, 867 F. 2d 1330, 1333 (11th Cir.1989) (per curiam); Fireman’s Fund Ins. Co. v. Ignacio, 860 F. 2d 353, 354 (9th Cir.1988) (per curiam); International Harvester Co. v. Deere & Co., 623 F. 2d 1207, 1217 (7th Cir.1980); Beacon Constr. Co. v. Mateo Elec. Co., 521 F. 2d…
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White v. Nat'l Union Fire Ins. Co. OF Pittsburgh, PA, 913 F.2d 165 (4th Cir. 1990)…by the insured even though the injured person had not yet obtained a judgment against the insured. 312 U.S. at 274, 61 S.Ct. at 512. The fact that there was no formally adjudicated liability was not dispositive. In Cincinnati Ins. Co. v. Holbrook, 867 F. 2d 1330 (11th Cir.1989), the Eleventh Circuit was presented with the question that White’s case presents. The insured, injured in an accident, sued the alleged tort-feasor in state court. The insured had underinsured motorist insurance with his insurer. Id.…
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- Collins v. Amoco Prod. Co., 706 F.2d 1114 (11th Cir. 1983)