Legal Opinion
Julian A. Aubertin v. State Farm Mutual Automobile Insurance Co.
Court of Appeals for the Fifth Circuit
Decided February 14, 1958No. 16933PublishedCited by 4 opinions
1Per curiam
This is an appeal from an order of the Trial Court entered June 29, 1957, vacating and setting aside the verdict and judgment for Aubertin and granting a new trial. The reason for this action by the Court below as stated in that order was that the verdict as rendered for $8,166.67 was manifestly a quotient verdict there being no items of special damage which could in any way support such a figure.
Appeal from such an order is premature and cannot be maintained. The appeal must be based on a final judgment below. 28 U.S.C.A. §§ 1291, 1292; Milprint, Inc., v. Donaldson Chocolate Co., 8 Cir., 222…
2Cases cited6 opinions
- Finn v. American Fire & Casualty Co. American Fire & Casualty Co. v. FinnCourt of Appeals for the Fifth Circuit · 1953
- Marshall's U. S. Auto Supply, Inc. v. CashmanCourt of Appeals for the Tenth Circuit · 1940
- Bass v. Baltimore & O. Terminal R. Co.Court of Appeals for the Seventh Circuit · 1944
- Texas and New Orleans Railroad Company v. C. A. UnderhillCourt of Appeals for the Fifth Circuit · 1956
- Fort Worth & Denver Railway Company v. Willie RoachCourt of Appeals for the Fifth Circuit · 1955
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Delta Engineering Corp. v. ScottCourt of Appeals for the Fifth Circuit · 1963
- McCoy Gilmore v. United StatesCourt of Appeals for the Fifth Circuit · 1959
- Missouri Pacific Railroad Company v. Ludwic FusilierCourt of Appeals for the Fifth Circuit · 1958
- Delta Engineering Corporation and the Travelers Insurance Company v. Joseph Ruby Scott, Columbian Rope Company v. Joseph Ruby Scott, Indemnity Insurance Company of North America v. Joseph Ruby Scott, Joseph Ruby Scott v. Delta Engineering CorporationCourt of Appeals for the Fifth Circuit · 1963