Bank South Leasing, Inc. v. Williams, Nos. 84-3274

CourtUnited States Courts of Appeals. United States Court of Appeals (11th Circuit)
Writing for the CourtPER CURIAM
Citation778 F.2d 704
PartiesBANK SOUTH LEASING, INC., a Georgia Corporation, Plaintiff-Appellee, v. James R. WILLIAMS and Julius M. Garner, Defendants-Appellants. BANK SOUTH LEASING, INC., a Georgia Corporation, Plaintiff-Appellant, v. FLORIDA NATIONAL BANK OF ORLANDO, a National Banking Association, Defendant-Appellee. BANK SOUTH LEASING, INC., a Georgia Corporation, Plaintiff-Appellant, v. James R. WILLIAMS, Julius M. Garner, Florida National Bank of Orlando, a National Banking Association, Defendants, and Allen G. MacArthur, Defendant-Appellee.
Docket Number84-3275 and 84-3350,Nos. 84-3274
Decision Date19 December 1985

Page 704

778 F.2d 704
BANK SOUTH LEASING, INC., a Georgia Corporation, Plaintiff-Appellee,
v.
James R. WILLIAMS and Julius M. Garner, Defendants-Appellants.
BANK SOUTH LEASING, INC., a Georgia Corporation, Plaintiff-Appellant,
v.
FLORIDA NATIONAL BANK OF ORLANDO, a National Banking
Association, Defendant-Appellee.
BANK SOUTH LEASING, INC., a Georgia Corporation, Plaintiff-Appellant,
v.
James R. WILLIAMS, Julius M. Garner, Florida National Bank
of Orlando, a National Banking Association, Defendants,
and
Allen G. MacArthur, Defendant-Appellee.
Nos. 84-3274, 84-3275 and 84-3350.
United States Court of Appeals,
Eleventh Circuit.
Dec. 19, 1985.

Page 705

Arthur J. Ranson, III, Orlando, Fla., for Williams and Garner.

Guy B. Bailey, Jr., Mercedes C. Busto, Miami, Fla., for Bank South Leasing, Inc.

William G. Cooper, Jacksonville, Fla., for Fla. Nat. Bank of Orlando.

Appeals from the United States District Court for the Middle District of Florida.

ON PETITIONS FOR REHEARING

(Opinion Sept. 3, 1985, 11 Cir., 769 F.2d 1497).

Before VANCE, ANDERSON * and HENLEY **, Circuit Judges.

PER CURIAM:

On our original consideration of these three consolidated appeals, Bank South Leasing, Inc. v. Williams, 769 F.2d 1497 (11th Cir.1985), we concluded that an unresolved award of attorneys' fees deprived the district court's judgment of finality. We therefore dismissed all three appeals for want of appellate jurisdiction. On petition for rehearing the panel was made aware that on July 5, 1985, between the time of oral argument and the time of our dismissal, the district court entered a final judgment in which it made the attorneys' fee award. Under the circuit's precedents the district court's July 5th judgment cured the jurisdictional defect and made dismissal improper. See Rivers v. Washington County Board of Education, 770 F.2d 1010, 1011 (11th Cir.1985); Martin v. Campbell, 692 F.2d 112, 114 (11th Cir.1982). We therefore grant the petitions for rehearing, vacate our prior dismissal of these appeals and turn to the merits of these cases.

In No. 84-3350 Bank South appeals the failure of the trial judge to award post-judgment interest on the punitive damages award against MacArthur on the fraud claim. Under 28 U.S.C. Sec. 1961(a), "[i]nterest shall be allowed on any money judgment

Page 706

in a civil case recovered in a district court." Pursuant to this statute, Bank South was entitled to post-judgment interest on the entire award, including the punitive damages, from the date of the original judgment. See Dorsey v. Honda Motor Company, 673 F.2d 911, 912 (5th Cir. Unit B), cert. denied, 459 U.S. 880, 103 S.Ct. 177, 74 L.Ed.2d 145 (1982). We therefore vacate the district court's judgment in this case and remand with instructions that, in conformity with the statute, judgment be entered with interest awarded on the entire amount from the date of the original order.

In No. 84-3275 Bank South appeals the district court's grant of a directed verdict to First National Bank of Orlando ("FNBO") on Bank South's fraud claim. In reviewing the directed verdict we must determine whether the evidence of fraud was of "such quality and weight that reasonable and fair-minded men in the exercise of impartial...

To continue reading

Request your trial
21 practice notes
  • Iota Phi Lambda Sorority, Inc. v. Contenta Glob. Capital Grp., LLC, Case No. 19-CV-532 (SRN/DTS)
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 26 September 2019
    ...annually." Id. at (b). Moreover, postjudgment interest may accrue on costs and punitive damages. See Bank S. Leasing, Inc. v. Williams, 778 F.2d 704, 705-706 (11th Cir. 1985) (noting that postjudgment interest is permitted on punitive damages under § 1961(a)); R.W.T. v. Dalton, 712 F.2d 122......
  • Robinson v. Tanner, No. 85-7456
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 9 September 1986
    ...part in the jurisprudence of this court, the former Fifth Circuit, and various other circuits. See Bank South Leasing, Inc. v. Williams, 778 F.2d 704, 705 (11th Cir.1985); Rivers v. Washington County Board of Education, 770 F.2d 1010, 1011 (11th Cir.1985); Kleiner v. First National Bank of ......
  • Lively v. Flexible Packaging Ass'n, No. 05-CV-1474.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 23 August 2007
    ...interpreting similar language. See, e.g., Brown v. Petrolite Corp., 965 F.2d 38, 51 (5th Cir.1992); Bank South Leasing, Inc. v. Williams, 778 F.2d 704, 706 (11th Cir.1985); Life Ins. Co. v. Johnson, 725 So.2d 934, 942-43 (Ala.1998); Pauley v. Gilbert, 206 W.Va. 114, 522 S.E.2d 208, 215-16 (......
  • Norman v. Housing Authority of City of Montgomery, No. 87-7763
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 1 February 1988
    ...court's subsequent order terminating the litigation cured any prematurity in the appeal. See Bank South Leasing, Inc. v. Williams, 778 F.2d 704 (11th Cir.1985). In Bank South, this court held that a notice of appeal filed after judgment was rendered but before the attorney's fees issue was ......
  • Request a trial to view additional results
21 cases
  • Iota Phi Lambda Sorority, Inc. v. Contenta Glob. Capital Grp., LLC, Case No. 19-CV-532 (SRN/DTS)
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • 26 September 2019
    ...annually." Id. at (b). Moreover, postjudgment interest may accrue on costs and punitive damages. See Bank S. Leasing, Inc. v. Williams, 778 F.2d 704, 705-706 (11th Cir. 1985) (noting that postjudgment interest is permitted on punitive damages under § 1961(a)); R.W.T. v. Dalton, 712 F.2d 122......
  • Robinson v. Tanner, No. 85-7456
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 9 September 1986
    ...part in the jurisprudence of this court, the former Fifth Circuit, and various other circuits. See Bank South Leasing, Inc. v. Williams, 778 F.2d 704, 705 (11th Cir.1985); Rivers v. Washington County Board of Education, 770 F.2d 1010, 1011 (11th Cir.1985); Kleiner v. First National Bank of ......
  • Lively v. Flexible Packaging Ass'n, No. 05-CV-1474.
    • United States
    • District of Columbia Court of Appeals of Columbia District
    • 23 August 2007
    ...interpreting similar language. See, e.g., Brown v. Petrolite Corp., 965 F.2d 38, 51 (5th Cir.1992); Bank South Leasing, Inc. v. Williams, 778 F.2d 704, 706 (11th Cir.1985); Life Ins. Co. v. Johnson, 725 So.2d 934, 942-43 (Ala.1998); Pauley v. Gilbert, 206 W.Va. 114, 522 S.E.2d 208, 215-16 (......
  • Norman v. Housing Authority of City of Montgomery, No. 87-7763
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 1 February 1988
    ...court's subsequent order terminating the litigation cured any prematurity in the appeal. See Bank South Leasing, Inc. v. Williams, 778 F.2d 704 (11th Cir.1985). In Bank South, this court held that a notice of appeal filed after judgment was rendered but before the attorney's fees issue was ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT