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  • Donald L. Collins and Hannah Case Snellgrove Collins v. Amoco Production Company, American Oil Company, 706 F.2d 1114, 11th Cir. (1983)

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    This document is a court ruling dismissing an appeal as frivolous. The plaintiffs attempted to appeal an order denying their motion to disqualify opposing counsel in a civil case. However, the Supreme Court had previously ruled in 1981 that orders denying disqualification motions are not appealable as final decisions. Therefore, the appeals court dismissed the appeal and directed the trial court to assess damages against the plaintiffs for filing a frivolous appeal, including attorney's fees and double costs.

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    Filed: 1983-06-06 Precedential Status: Precedential Citations: 706 F.2d 1114 Docket: 83-7204

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    This document is a court ruling dismissing an appeal as frivolous. The plaintiffs attempted to appeal an order denying their motion to disqualify opposing counsel in a civil case. However, the Supreme Court had previously ruled in 1981 that orders denying disqualification motions are not appealable as final decisions. Therefore, the appeals court dismissed the appeal and directed the trial court to assess damages against the plaintiffs for filing a frivolous appeal, including attorney's fees and double costs.

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    6 views2 pages

    Donald L. Collins and Hannah Case Snellgrove Collins v. Amoco Production Company, American Oil Company, 706 F.2d 1114, 11th Cir. (1983)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling dismissing an appeal as frivolous. The plaintiffs attempted to appeal an order denying their motion to disqualify opposing counsel in a civil case. However, the Supreme Court had previously ruled in 1981 that orders denying disqualification motions are not appealable as final decisions. Therefore, the appeals court dismissed the appeal and directed the trial court to assess damages against the plaintiffs for filing a frivolous appeal, including attorney's fees and double costs.

    Copyright:

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    of 2

    706 F.

    2d 1114

    Donald L. COLLINS and Hannah Case Snellgrove Collins,


    Plaintiffs-Appellants,
    v.
    AMOCO PRODUCTION COMPANY, American Oil
    Company, et al.,
    Defendants-Appellees.
    No. 83-7204.

    United States Court of Appeals,


    Eleventh Circuit.
    June 6, 1983.

    Donald L. Collins, pro se.


    Lyons, Pipes & Cook, Mobile, Ala., J.P. Courtney, III, Roger C. Suttle,
    Inzer, Suttle, Swann & Stivender, Gadsden, Ala., for defendantsappellees.
    Appeal from the United States District Court for the Northern District of
    Alabama.
    Before GODBOLD, Chief Judge, JOHNSON and CLARK, Circuit
    Judges.

    BY THE COURT:
    1

    This is an attempt by plaintiffs to appeal from an order denying their motion to


    disqualify opposing counsel in a civil case.

    In 1981 the Supreme Court settled a conflict between the circuits by deciding
    that an order denying a disqualification motion is not appealable as a final
    decision within 28 U.S.C. Sec. 1291. Firestone Tire & Rubber Co. v. Risjord,
    449 U.S. 368, 101 S.Ct. 669, 66 L.Ed.2d 571 (1981). In view of this decisive
    Supreme Court authority the effort to appeal is palpably frivolous.

    The appeal is DISMISSED. The trial court is directed to assess damages to the
    appellee caused by the appeal, to include a reasonable attorney's fee. Appellee
    is also awarded double costs. FRAP 38.

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