U.S. Court of Appeals for the Fifth Circuit, 1938

City of Stuart v. Green

U.S. Court of Appeals for the Fifth Circuit · Decided March 19, 1938

94 F.2d 942; 1938 U.S. App. LEXIS 4549 (Federal Reporter, Second Series)

Counsel

Edward J. Smith, Jr., of Stuart, Fla., and Robt. R. Milan, of Jacksonville, Fla., for appellant., Carroll Dunscombe, of Stuart, Fla., for respondent

Cases that cite this one

2 later published cases cite this decision.

Tomorrow's Choice, Inc. v. Bassing Co. (Fla. Dist. Ct. App. 1978)
Nash v. Raun (District Court, W.D. Pennsylvania 1946)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The judgment of this court reversing the judgment of the District Court for want of jurisdiction in that court was entered on July 15, 1937. Rehearing was denied August 13, 1937. A second application for rehearing was dimissed September 11, 1937. The opinion is silent as to costs. The mandate directed the taxing of only the costs of appeal against appellee. The motion is on the ground that this court having held that the District Court was without jurisdiction, no costs could be taxed. While -we held that the District Court was without-jurisdiction, this court had jurisdiction to reverse the judgment on that ground. The costs of appeal were therefore taxable. Where the opinion is silent as to costs, costs of appeal automatically follow the judgment.

No clerical error appearing, the motion is denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.