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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.