Danzig v. Virgin Isle Hotel, Inc., 13252.
| Decision Date | 20 May 1960 |
| Docket Number | No. 13252.,13252. |
| Citation | 278 F.2d 580 |
| Parties | Sarah DANZIG and Robert L. Danzig v. VIRGIN ISLE HOTEL, INC., Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
William W. Bailey, Charlotte Amalie, St. Thomas, Virgin Islands, for appellant.
Blum, Jolles, Gruber, Szabad & Gersen, New York City, for appellees.
Before KALODNER, HASTIE and FORMAN, Circuit Judges.
This appeal from a judgment of the District Court of the Virgin Islands is before us on appellees' motion to docket and dismiss the appeal on the ground that notice of appeal was not filed, as required by Rule 73(a), Federal Rules of Civil Procedure, 28 U.S.C.A., within "30 days from the entry of the judgment appealed from".
The action below presented claims of Sarah Danzig and Robert L. Danzig for negligent injury. It was tried to a jury. On December 4, 1959 the jury returned verdicts of $22,000 and $5,000 for the plaintiffs respectively. Thereupon the clerk of the court made docket entries as follows:
"December 4 — Verdict of Jury in favor
of Plaintiff, Sarah
Danzig, filed for $22,000.00
"December 4 — Verdict of Jury in favor
of Plaintiff, Robert
L. Danzig, filed for $5,000.00"
No other action seems to have been taken by the clerk or by the court at that time.
The principal claims included demands for attorneys' fees which, under Sections 541 and 543 of Title 5 of the Virgin Islands Code, may be allowed and taxed against the losing party as part of costs. Accordingly, sometime after the verdict the court determined that the defendant should pay the plaintiffs $2,500. as attorneys' fees and signed a formal judgment for both the amount of the verdicts and the additional sums, including attorneys' fees, payable for costs. This is reflected by the following docket entry:
"February 29 — Judgment for Plaintiff
Sarah Danzig in
the sum of $22,000.00
and for Plaintiff, Robert
L. Danzig in the
sum of $5,000.00, together
with costs in
the sum of $1,121.94
and attorneys' fees in
the sum of $2,500.00
signed by Judge Walter
A. Gordon."
This appeal was taken within thirty days after the above entry and is, therefore, in appellant's view timely. However, appellees seek dismissal of the appeal on the theory that the entry of the verdicts in the docket on December 4th constituted an entry of judgment and began the running of the thirty day period within which appeal must be taken.
Color is lent to appellees' argument by the provision of Rule 58 that "unless the court otherwise directs * * *, judgment upon the verdict of a jury shall be entered forthwith by the clerk", and the companion provision of that rule that "entry of the judgment shall not be delayed for the taxing of costs". We agree that, absent any direction to the contrary from the court, it is the duty of the clerk to enter judgment forthwith on such a verdict as we have here. The postponement of judgment until after the amount of costs can be determined is contrary to the letter and purpose of Rule 58. Clerks of the district...
To continue reading
Request your trial
-
Beohm v. Pickel (In re Pickel)
...Virgin Islands, 361 F.2d 469 (3d Cir.1966) (citing the statute and discussing its parameters and limitations); Danzig v. Virgin Isle Hotel, Inc., 278 F.2d 580 (3d Cir.1960) (under this statute, attorney fees may be allowed and taxed against the losing party as part of costs); Virgin Islands......
-
Beohm v. Pickel (In re Pickel)
...the Virgin Islands, 361 F.2d 469 (3d Cir. 1966) (citing the statute and discussing its parameters and limitations); Danzig v. Virgin Islands, 278 F.2d 580 (3d Cir. 1960) (under this statute, attorney fees may be allowed and taxed against the losing party as part of costs); Virgin Islands Ho......
-
Two-Way Media LLC v. AT & T, Inc.
...judgment is entered only when it is entered on the docket pursuant to FRCP 79(a). Fed.R.Civ.P. 58(c)(1).4 See Danzig v. Virgin Isle Hotel, Inc., 278 F.2d 580, 582 (3d Cir.1960) (docket entries of jury verdict along with amount of verdict were insufficient to start time for appeal because “t......
-
Hollywood v. City of Santa Maria
...v. Commonwealth Oil Co., 294 F.2d 834 (5th Cir.1961); United States v. Higginson, 238 F.2d 439 (1st Cir.1956); Danzig v. Virgin Isle Hotel, Inc., 278 F.2d 580 (3d Cir.1960); Sears v. Austin, 282 F.2d 340 (9th Cir.1960), with Matteson v. United States, supra [240 F.2d 517 (2d Cir. 1956)]; Er......
-
28 APPENDIX U.S.C. § 58 Entering Judgment
...Oil Co., 294 F.2d 834 (5th Cir. 1961); United States v. Higginson, 238 F.2d 439 (1st Cir. 1956); Danzig v. Virgin Isle Hotel, Inc., 278 F.2d 580 (3d Cir. 1960); Sears v. Austin, 282 F.2d 340 (9th Cir. 1960), with Matteson v. United States, supra; Erstling v. Southern Bell Tel. & Tel. Co., 2......