Oxford Production Credit Association v. Gordon L. Duckworth
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Holding that an award of contractual attorneys’ fees in an amount to be fixed at a later date is not a final judgment and that, therefore, an appeal on the other issues in the case would be premature until judgment is rendered for the amount fixed as fees, we deny a motion to dismiss this appeal, which was taken only after the later judgment fixing fees was issued.
Oxford sued on a promissory note that, by its terms, provided for payment of attorneys’ fees in the event of a collection suit. 1 By a document titled “ORDER,” entered on September 1, 1981, the district…
2Cases cited14 opinions
- International Erectors, Inc. v. Wilhoit Steel Erectors & Rental ServiceCourt of Appeals for the Fifth Circuit · 1968
- Harry J. Holmes v. J. Ray McDermott & Co., Inc.Court of Appeals for the Fifth Circuit · 1982
- Barnes v. Bituminous Casualty CorporationCourt of Appeals of Texas · 1973
- Patricia D. Duffer, Plaintiff-Appellee-Cross-Appellant v. American Home Assurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1975
- Almand v. AlmandSupreme Court of Georgia · 1894
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3Cited by18 opinions
- Alcorn County, Mississippi v. U.S. Interstate Supplies, Inc.Court of Appeals for the Fifth Circuit · 1984
- Exchange National Bank of Chicago v. Harold Daniels and Irene DanielsCourt of Appeals for the Seventh Circuit · 1985
- Todd Shipyards Corporation, Cross-Appellant v. Auto Transportation, S.A., Intervenor-Appellee v. Turbine Service, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1985
- First Nationwide Bank, a Federal Savings Bank v. Summer House Joint VentureCourt of Appeals for the First Circuit · 1990
- Beckwith MacHinery Company v. Travelers Indemnity CompanyCourt of Appeals for the Third Circuit · 1987
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