United States Fidelity and Guaranty Company v. Jackie Horton and Peggy L. Horton, His Wife, and William R. Delp

Fifth Circuit

United States Fidelity and Guaranty Company v. Jackie Horton and Peggy L. Horton, His Wife, and William R. Delp

424 F.2d 543

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 7, 1970

Docket27289_1

StatusPublished

This text of 424 F.2d 543 (United States Fidelity and Guaranty Company v. Jackie Horton and Peggy L. Horton, His Wife, and William R. Delp) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States Fidelity and Guaranty Company v. Jackie Horton and Peggy L. Horton, His Wife, and William R. Delp, 424 F.2d 543 (5th Cir. 1970).

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Opinion

TUTTLE, Circuit Judge:

It now appearing that the judgment in favor of the Hortons has been affirmed by the Supreme Court of Florida and it appearing that the Appellant United States Fidelity and Guaranty Company has fully paid that judgment; and

It further appearing that Delp’s judgment here appealed from by United States Fidelity and Guaranty Company was based on allegations by Delp to the effect that a judgment has been entered against him, whereas it should have been discharged by payment from United States Fidelity and Guaranty Company, now, therefore, it is

Ordered that the case is remanded to the District Court with instructions that the District Court reduce the judgment in favor of Delp by the sum of $12,633.-63. Appellees are entitled to a fee for services performed by their counsel in this appeal. The trial court, upon the return of the case to that court, will determine the proper fee to be adjudged in this matter.

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TUTTLE, Circuit Judge:

It now appearing that the judgment in favor of the Hortons has been affirmed by the Supreme Court of Florida and it appearing that the Appellant United States Fidelity and Guaranty Company has fully paid that judgment; and

It further appearing that Delp’s judgment here appealed from by United States Fidelity and Guaranty Company was based on allegations by Delp to the effect that a judgment has been entered against him, whereas it should have been discharged by payment from United States Fidelity and Guaranty Company, now, therefore, it is

Ordered that the case is remanded to the District Court with instructions that the District Court reduce the judgment in favor of Delp by the sum of $12,633.-63. Appellees are entitled to a fee for services performed by their counsel in this appeal. The trial court, upon the return of the case to that court, will determine the proper fee to be adjudged in this matter.

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Bluebook (online)

424 F.2d 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-fidelity-and-guaranty-company-v-jackie-horton-and-peggy-l-ca5-1970.