Opinion · Court of Appeals for the Fifth Circuit

Edward Brown v. Robert E. L. Culpepper, Jr., Superior Court Judge of the South Georgia Judicial Circuit

561 F.2d 1177

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1977-10-26
Topic
litigation

PER CURIAM: Defendants assert in their petition for rehearing that under Johnson v. Georgia Highway Express, Inc., 5 Cir., 1974, 488 F.2d 714, we should withdraw that part of our opinion which fixes the amount of attorneys’ fees and that we should remand this matter to the district court for it to establish reasonable counsel fees pursuant to the guidelines set by this court. We are aware that an award of attorney fees normally falls within the sound discretion of the trial judge. See Johnson v. Georgia Highway Express, Inc., supra, at 716-17; Weeks v.

Citator

UpLaw has not yet analyzed Edward Brown v. Robert E. L. Culpepper, Jr., Superior Court Judge of the South Georgia Judicial Circuit. The absence of a flag is not a finding that it is good law.

Cited by
20 opinions
BROWN v. CULPEPPER,561 F.2d 1177(5th Cir. 1977)
EDWARD BROWN ET AL., PLAINTIFFS-APPELLANTS, v. ROBERT E.L. CULPEPPER,
JR., SUPERIOR COURT JUDGE OF THE SOUTH GEORGIA JUDICIAL CIRCUIT, ET AL.,
DEFENDANTS-APPELLEES.
No. 77-1652.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
October 26, 1977.
Herbert E. Phipps, C. B. King, Albany, Ga., Charles Stephen Ralston, New York City, for plaintiffs-appellants.

Frank S. Twitty, Jr., Camilla, Ga., for defendants-appellees.
Appeal from the United States District Court for the Middle District of Georgia.
[1] ON PETITION FOR REHEARING
[2] (Oct. 26, 1977)
Before AINSWORTH, MORGAN and GEE, Circuit Judges.
PER CURIAM:
[3] Defendants assert in their petition for rehearing that underJohnson v. Georgia Highway Express, Inc.,5 Cir., 1974,488 F.2d 714, we should withdraw that part of our opinion which fixes the amount of attorneys' fees and that we should remand this matter to the district court for it to establish reasonable counsel fees pursuant to the guidelines set by this court.

[4] We are aware that an award of attorney fees normally falls within the sound discretion of the trial judge.See Johnson v.Georgia Highway Express, Inc., supra,at 716-17;Weeks v.Southern Bell Telephone and Telegraph Co.,5 Cir., 1972,467 F.2d 95,97;Culpepper v. Reynolds Metals Co.,5 Cir., 1971,442 F.2d 1078,1081; 6 J. Moore, W. Taggart J. Wicker,Moore'sFederal Practice¶ 54.77[3], at 1716 (2d ed. 1976). However, "appellate courts, as trial courts, are themselves experts as to the reasonableness of attorneys' fees, and may, in the interest of justice, fix the fees of counsel albeit in disagreement on thePage 1178evidence with the views of the trial court."B-M-G InvestmentCo. v. Continental/Moss Gordin, Inc.,5 Cir.,437 F.2d 892,893,cert. denied,402 U.S. 989,91 S.Ct. 1668,29 L.Ed.2d 154(1971),citing Mercantile-Commerce Bank Trust Co. v.Southeast Arkansas Levee District,5 Cir., 1939,106 F.2d 966,972-73.Accord, Campbell v. Green,5 Cir., 1940,112 F.2d 143,144.

[5] The petition for rehearing is DENIED.
  1. Rule 18, 5 Cir.;see Isbell Enterprises, Inc. v. CitizensCasualty Company of New York, et al.,5 Cir., 1970,431 F.2d 409, Part I. ↩