Legal Opinion

Herbert H. Davis v. National Medical Enterprises, Inc.

Court of Appeals for the Eleventh Circuit

Decided January 10, 1991No. 1314PublishedCited by 22 opinions

1Opinion of the Court

FAY, Circuit Judge:

This appeal involves competing post-trial motions for attorneys’ fees. The district court ruled that Appellees Susan Davis and Bessemer Trust (“Davis”) were entitled to attorneys’ fees and costs as the prevailing party under the net judgment rule, and awarded the full amount of fees requested without an evidentiary hearing. The district court denied the request by National Medical Enterprises (“NME”) for attorneys’ fees. Because we find the claims of the parties separate, and find that both Davis and NME have a legal basis for the award of attorneys’ fees, we vacate the…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hensley v. EckerhartSupreme Court of the United States · 1983
  3. Salve Regina College v. RussellSupreme Court of the United States · 1991
  4. Mattie Norman, Clara Marshall, Individually and on Behalf of All Others Similarly Situated v. The Housing Authority of the City of MontgomeryCourt of Appeals for the Eleventh Circuit · 1988
  5. Prosperi v. Code, Inc.Supreme Court of Florida · 1993

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. State Farm Fire & Casualty Co. v. SteinbergCourt of Appeals for the Eleventh Circuit · 2004
  2. Medical Staffing Network, Inc. v. RidgwayCourt of Appeals of North Carolina · 2009
  3. International Fidelity Insurance Company v. Americaribe-Moriarity JVCourt of Appeals for the Eleventh Circuit · 2018
  4. Michael Chow v. Chak Yam ChauCourt of Appeals for the Eleventh Circuit · 2015
  5. Diaz v. First MarbleheadCourt of Appeals for the Eleventh Circuit · 2016

17 more not listed; retrieve them via the Exa API.

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