· 5/3/2016
James Yowell v. Missouri Department of Corrections
Citations
- 494 S.W.3d 564
- 2016 WL 2338213
- 2016 Mo. App. LEXIS 456
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a fee petition filed within fourteen days of the initial final judgment but before an amended judgment was entered still satisfies the “no later than” requirement of Rule 54
- holding that a district court abused its discretion in reducing a fee award due to appellants’ alleged inability to provide a meaningful demand for actual damages suffered when appellants had in fact provided damages estimates to the court
- explaining that Fed. R. Civ. P. 54 “requires a petition [for fees] be filed ‘no later than’ 14 days after judg- ment is entered, not ‘within’ 14 days of a new judgment” and that a pre-judgment petition satisfies this require- ment
- “[W]hile appellants' fee petition originally was untimely, the court's entry of an amended judgment created ‘[a] new period for filing’ and cured that untimeliness . . . .”
- “[W]e are free to affirm the lower court on alternative grounds.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Welsh, Ahuja, Newton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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