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· 6/16/1995

Norma Maristuen, as Personal Representative of the Estate of Henrietta Sougstad, Deceased v. National States Insurance Company, a Missouri Corporation

Citations

  • 57 F.3d 673
  • 32 Fed. R. Serv. 3d 917
  • 1995 U.S. App. LEXIS 14733
  • 1995 WL 358313

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an order granting unquantified attorney's fees was not a final decision; thus, the award of fees was appealable until 30 days after the sum was calculated
  • reasoning that a Rule 59(e) motion \would have been premature had it been filed within ten days of\ an order that was not a final judgment
  • explaining that where a district court issues two separate judgments,. one of which leaves attorneys’ fees undetermined and one of which addresses the merits, Budinich controls and the court has jurisdiction over the merits appeal
  • treating a request to amend a judgment as a Rule 59 motion despite references to Rules 50(b) and 60(b)
  • “A judgment awarding damages but not deciding the amount of the damages . . . is not a final decision within the meaning of § 1291.”
  • Because the original and first judgment had been later amended by the district court to include a quantified amount for the attorney's fees award, the first, unamended, \judgment was not final because it could not have been executed.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Bowman, Beam, Hansen

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.