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Supreme Court Overturns 4th and 11th Circuit Rule Governing Finality of Judgment
Womble Carlyle Link to more items from this source
Jan. 21, 2014
"When a United States District Court judge enters judgment in a case, but postpones for a later date determination of a party's motion for attorneys' fees, when is the Court's decision 'final' ... particularly when counting the 30 days by which to appeal under the Federal Rules of Appellate Procedure? Until last week, the answer in the Fourth and Eleventh Circuit was: 'It depends.' ... [T]he U.S. Supreme Court resolved the split, unanimously holding that a District Court's decision on the merits was 'final' and started the clock running for the appeal deadline, even if an attorneys' fees award had not yet been determined, regardless of whether attorneys' fees were sought pursuant to statute or by contract." [Ray Haluch Gravel Co. v. Central Pension Fund of Int'l Union of Operating Engineers and Participating Employers, No. 12-992, 2014 WL 127952 (U.S. Jan. 15, 2014)]

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