Legal Opinion

David Peery v. City of Miami

Court of Appeals for the Eleventh Circuit

Decided November 10, 2015No. 14-13287PublishedCited by 3 opinions

1Opinion of the Court

JORDAN, Circuit Judge:

In the hierarchy of law, language is king. Words matter in constitutions, treaties, statutes, rules, cases, and contracts. And, as seen in this case, they matter in civil rights settlement agreements which, once judicially approved, become consent decrees.

David Peery, on behalf of a class, asks us to award his counsel attorneys’ fees for opposing modifications proposed by the City of Miami to such an agreement. We decline to do so because the parties’ agreement limited future attorneys’ fees to enforcement proceedings. Given that modification proceedings do not trigger…

2Cases cited25 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  4. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  5. Local Number 93, International Ass'n of Firefighters v. City of ClevelandSupreme Court of the United States · 1986

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3Cited by3 opinions

  1. Ne. Eng'rs Fed. Credit Union v. Home Depot, Inc. (In Re Home Depot Inc.)Court of Appeals for the Eleventh Circuit · 2019
  2. In re: 7 AT BLUE LAGOON (1), LLC, and 7 AT BLUE LAGOON (2), LLCUnited States Bankruptcy Court, S.D. Florida. · 2026
  3. Traeger Pellet Grills LLC v. TraegerDistrict Court, M.D. Florida · 2019

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