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Muffin Miles v. Robert Dickson, Jr.

Muffin MILES Et Al., Appellants, v. Robert DICKSON, Jr., Et Al., Appellees

Muffin Miles v. Dickson, 387 F.2d 716 (5th Cir. 1967)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 19, 1967
Docket
No. 24223_1
Judges
Rives, Goldberg, Dyer
Citations
387 F.2d 71611 Fed. R. Serv. 2d 12011967 U.S. App. LEXIS 4104

Opinion — Per Curiam

PER CURIAM:

Pursuant to a memorandum opinion reported in 40 F.R.D. 386 -391, the district court rendered summary judgment for the defendants, and taxed the court costs against the plaintiffs’ attorneys.

The voluminous record and the many depositions convince us that the district court was clearly correct in concluding that there was no genuine issue as to any material fact and that each of the defendants was entitled to judgment as a matter of law. Rule 56, Fed.R.Civ.P.

We are equally convinced that the plaintiffs’ attorneys acted in good faith, upon written authorization from their clients, and that the taxation of the court costs against the plaintiffs’ attorneys was erroneous. To assess the costs against the attorneys without notice and a hearing was, of course, wrong. We do not, however, base our ruling on that procedural ground. Nor do we rule on whether the court had power, either inherent or under the statute, 28 U.S.C.A. § 1927 , to require the attorneys personally to pay the court costs. We simply hold that the facts and circumstances do not present such an extreme case as would permit the court to tax the costs against the attorneys.

That part of the judgment which taxes costs is reversed and the cause remanded for further proceedings not inconsistent with this opinion. In all other respects, the judgment is affirmed. The costs of appeal are taxed against the appellants.

Affirmed in part and reversed in part and remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 13 cases

View all citing references →
1970: 21971: 21972: 11977: 11983: 21985: 11996: 12006: 22007: 119702026peak 1970 · 2

Relies on it most ⓘ

  1. Amlong & Amlong, PA v. Denny's, Inc.500 F.3d 1230 (11th Cir. 2007)
  2. George BADILLO v. CENTRAL STEEL & WIRE COMPANY717 F.2d 1160 (7th Cir. 1983)
  3. Amlong & Amlong, P.A. v. Denny's, Inc.500 F.3d 1230 (11th Cir. 2006)
  4. Julian Encina v. Tony Lama Boot Company, Inc.448 F.2d 1264 (5th Cir. 1971)
  5. Victor Lepucki v. Bernard L765 F.2d 86 (7th Cir. 1985)
  6. Tilden A. Jones v. The Borden Company430 F.2d 568 (5th Cir. 1970)

Most recent

  1. Amlong & Amlong, PA v. Denny's, Inc.500 F.3d 1230 (11th Cir. 2007)
  2. Amlong & Amlong, P.A. v. Denny's, Inc.500 F.3d 1230 (11th Cir. 2006)
  3. Amlong & Amlong, P.A. v. Denny's, Inc.457 F.3d 1180 (11th Cir. 2006)
  4. Richard G. Aird, Beverly C. Moore, Jr. Landon G. Dowdey v. Ford Motor Company86 F.3d 216 (D.C. Cir. 1996)
  5. Victor Lepucki v. Bernard L765 F.2d 86 (7th Cir. 1985)
  6. George BADILLO v. CENTRAL STEEL & WIRE COMPANY717 F.2d 1160 (7th Cir. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Miles v. Dickson, 40 F.R.D. 386 (M.D. Ala. 1966) 3

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