Legal Opinion

Ida Nelson, Pearlie G. Faulkner and William Nelson v. Isaac James

Court of Appeals for the Fifth Circuit

Decided January 3, 1984No. 82-4115PublishedCited by 11 opinions

1Per curiam

The principle involved rather than the principal in dispute occasions this opinion. A successful appellant filed a timely bill of costs and was allowed the full amount claimed. Thereafter we issued our mandate to the district court. The appellant’s counsel then noticed that he had failed to include $30.00 in costs and filed an amended bill of costs. The appellee promptly rejoined that, having entered judgment and issued our mandate, we lack jurisdiction. While we do not lack the power to withdraw the mandate and then to issue a new judgment and mandate, we have better judgment than to do so…

2Cases cited13 opinions

  1. Follette v. BurgosSupreme Court of the United States · 1972
  2. United States v. Marrian Kolesar and Andrew Kolesar, Her HusbandCourt of Appeals for the Fifth Circuit · 1963
  3. Dilley v. AlexanderCourt of Appeals for the D.C. Circuit · 1980
  4. Joseph Ferrell v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
  5. Aerojet-General Corp. v. American Arbitration AssociationCourt of Appeals for the Ninth Circuit · 1973

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

3Cited by11 opinions

  1. Moses Leroy v. The City of Houston, Greater Houston Civic Council v. Frank Mann, City of HoustonCourt of Appeals for the Fifth Circuit · 1990
  2. R.M. Perez & Associates, Inc. v. WelchCourt of Appeals for the Fifth Circuit · 1992
  3. In the Interest of M.T., M.T., and T.B., Minor ChildrenSupreme Court of Iowa · 2006
  4. George T. Knoblauch and Julia Knoblauch v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1985
  5. Sims v. Great-West Life Assurance Co.Court of Appeals for the Fifth Circuit · 1991

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

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